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UNIVERSITY  OF  CALIFORNIA 
AT  LOS  ANGELES 


Laws  of  the  United  States 


RELATING  TO 


Navigation  and  ttie  Merchant  Marine. 


•       o  >  t  : 


WASHINGTON: 

GOVERNMENT     PRINTING      OFFICE. 
1899. 


Treasury  Department. 
Document  No.  2126. 
Bureau  of  Navigation, 


-Ht. 


Laws  of  the  United  States  Relating  to  Navigation 
and  the  Merchant  Marine. 


Treasury  Department,  Bureau  of  Navigation, 

Washington,  I).  C,  March  27,  1899. 

Sir  :  The  supply  of  the  Navigation  Laws,  issued  iu  1895,  has  been 
exhausted.  During  the  four  years  which  have  elax)sed  since  its  publi- 
cation, Congress  has  made  many  changes  in  the  statutes  comprised  in 
the  volume.  A  new  edition,  incorporating  legislation  to  date,  has  thus 
seemed  desirable. 

As  in  the  edition  of  1895,  the  eflfort  has  been  made  to  include  in  this 
volume  only  laws  actually  in  force.  Where  sections  of  the  Eevised 
Statutes  or  other  laws  have  been  specifically  repealed  or  amended  by 
subsequent  legislation  the  repealed  portions  of  the  law  are  omitted  and 
the  present,  not  the  original,  reading  of  amended  sections  is  adopted. 
In  the  numerous  instances  where  the  effect  of  repealing  or  amendatory 
acts  upon  previous  legislation  is  not  clear  and  specific  both  original  and 
repealing  or  amendatory  statutes  have  been  incorporated. 

The  effort  further  has  been  made  to  confine  the  law  included  in  this 
volume  to  the  navigation  law,  meaning  by  that  term  the  law  relating 
to  vessels.  The  line  between  this  law  and  the  customs  law  is  not 
always  clearly  defined.  The  laws  directly  relating  to  duties  on  imports 
and  to  invoices  are  not  included  in  this  volume,  while  those  relating 
to  entry,  clearance,  and  transportation  by  water  have  been  comprised 
within  its  limits. 

The  scheme  of  arrangement  will  appear  from  the  Table  of  Contents. 
The  law  has  been  divided  into  large  divisions  by  subjects,  called  parts, 
while  these  parts  have  been  subdivided  into  headed  paragraphs. 

For  further  convenience  of  reference  is  i^ublished  a  Table  of  Laws, 
giving  the  sections  of  the  Eevised  Statutes  and  subsequent  laws  which 
have  been  included  in  this  compilation,  the  date  of  enactment  and 
amendment,  together  with  the  paragraph  and  page  of  this  compilation 
in  which  they  may  be  found.  The  Table  of  Laws  may  be  found  at  the 
end  of  the  volume,  together  with  the  usual  Alphabetical  Index.  A  mar- 
ginal reference  gives  the  number  of  the  section  of  the  Revised  Statutes 
included  in  each  paragraph,  or  the  date  and  section  of  the  act,  if  enacted 
subsequent  to  the  Revised  Statutes,  with  the  date  of  amendatory  acts 

15899/  ' 


4  LETTER    OF    TRANSMITTAL. 

which  have  been  incorporated,  if  practicable,  iu  the  i)aragrai)h.  Where 
reference  is  made  in  a  paragraph  to  a  title  or  chapter  of  the  Eevised 
Statutes,  the  numbers  of  the  sections  comprised  in  such  title  or  chapter 
have  been  printed  in  brackets.  Reference  to  the  Table  of  Laws  at  the 
end  of  the  volume  will  show  which  of  those  sections  have  been  included 
iu  this  volume  as  pertinent  or  in  force,  and  will  also  show  the  page  and 
paragraph  where  they  may  be  found.  Fees  payable  by  the  masters 
and  owners  of  vessels  of  the  United  States  were  in  most  instances 
abolished  in  1886  and  1890,  and  accordingly,  the  statutes  imposing 
such  fees  are  not  retained  in  this  compilation,  though  they  furnish  a 
basis  on  which  officers  are  compensated  from  the  Treasury  for  services. 
Eespectfully,  yours, 

Eugene  Tyler  Chamberlain, 

Commissioner. 
Hon.  Lyman  J.  Gage, 

Secretary  of  the  Treasury. 


TABLE  OF  COI^TEISTTS. 


Part  I.— Vessels. 

I'age 

1.  Definition  of  vessel - 15 

2.  Vessels  of  the  Uuited  States 15 

3.  Registered  vessels 15 

4.  Whaling  vessels 16 

5.  Enrolled  and  licensed  A^essels 16 

6.  Licensed  vessels  iinder  twenty  tons 17 

7.  Undocumented  vessels 1'^ 

8.  Yachts 17 

9.  Official  number 18 

10.  Name  of  vessel 19 

11.  Change  of  name 19 

12.  Draught ^0 

Part  II.— Measurement. 

13.  Measurement 21 

14.  Gross  tonnage 22 

15.  Deck  houses,  breaks,  etc 24 

16.  Between  decks 24 

17.  Open  vessels 25 

18.  Water  ballast 25 

19.  Net  tonnage 25 

20.  Crew  accommodations 25 

21.  Deductions  for  other  purposes 26 

22.  Deductions  for  propelling  power 27 

23.  Register  tonnage 28 

24.  Appendix  of  measurement 28 

25.  Vessels  exempt  from  measurement 29 

26.  Measurement  of  foreign  vessels ~ 29 

Part  III. — Documents  of  vessels. 

27.  Carpenter's  certificate 30 

28.  Oath  of  owner 30 

29.  Master's  oath  of  citizenship 31 

30.  Place  of  registry 31 

31.  Form  of  register 33 

32.  Custody  and  surrender  of  register 34 

33.  Registers  to  corporations 35 

34.  Change  of  owner 35 

35.  Change  of  build 36 

36.  Change  of  master 36 

37.  Mortgage  and  bill  of  sale 36 

38.  Sale  to  alien 37 

39.  Loss  of  register 38 

40.  Failure  to  deliver  former  register 38 

41.  Cancellation  of  register 38 

42.  Special  registry  law  (New  York  and  Paris  act) 39 

43.  Change  of  trade 40 

44.  Method  of  enrollment  and  license 41 

45.  Oath  of  master  and  owner 41 

46.  Fees 41 

47.  Form  of  enrollment 41 


6  TABLE  OF  CONTENTS. 

Page. 

48.  Form  of  liceuse 42 

49.  Duration  of  license 43 

50.  Surrender  of  license 43 

51.  Enrollment  and  license  to  corporations 44 

52.  Change  of  owner 44 

53.  Change  of  master 44 

54.  Certification  by  customs  officer 45 

55.  Enrollment  outside  of  district 45 

56.  Special  provisions  for  enrollment  ;ind  liceuse 45 

57.  Inspection  of  enrollment  and  licensft 46 

58.  Record  of  American-built  A^essels  owned  by  aliens 46 

59.  Oii'enses  against  the  registry  law 48 

60.  Offenses  against  enrollment  and  license  laws 49 

Part  IV. — Officers  of  merchant  vessels. 

61.  Citizenship  of  officers 50 

62.  Duration  of  licenses 50 

63.  Service  during  war 51 

64.  Naturalization  of  engineer  or  pilot 51 

65.  Officer's  license 51 

66.  Master's  license 52 

67.  Mate's  license .52 

68.  Engineer's  license 52 

69.  Pilot's  license 53 

70.  Master  or  mate  acting  as  pilot 53 

71.  Oath  of  officer 53 

72.  Removal  of  master 54 

Part  V. — Merchant  seamen. 

73.  Definitions 55 

74.  Naturalization  and  citizenshij)  of  seamen 55 

75.  Shipping  officers 5G 

76.  Illegal  shipments 57 

77.  Owners  or  masters  may  ship  seamen  in  certain  cases 57 

78.  Apprentices 57 

79.  Agreement  to  ship  in  foreign  trade 58 

80.  Period  of  engagement 60 

81.  Penalty  for  shipment  without  agreement 60 

82.  Undermanniug 60 

83.  Shipment  in  foreign  ports  before  consuls 60 

84.  Crew  list 61 

85.  Failure  to  produce  crew 62 

86.  Papers  relating  to  crew 62 

87.  Shipment  of  seamen  in  the  coasting  or  near-by  foreign  trade 63 

88.  Agreement  in  coasting  trade  not  before  commissioner 64 

89.  Agreement  with  fi.shermen 65 

90.  Discharge  in  foreign  trade 66 

91.  Discharge  in  foreign  ports 67 

92.  Wages 68 

93.  Vessels  exempt  from  libel  for  wages 72 

94.  Advances  and  allotments  of  wages 72 

95.  Wages  and  clothing  exempt  from  attachment 74 

96.  Desertion  of  seamen  abroad 74 

97.  Desertion  of  foreign  seamen  in  the  United  States 74 

98.  Arbitration  before  shipping  commissioner 75 

99.  Soliciting  lodgers 75 

100.  Return  of  seamen  Irom  foreign  ports  and  Alaska 76 

101.  Effects  of  deceased  seamen 77 

102.  Offenses  and  punishments 80 

103.  Corporal  punishment  prohibited 82 

104.  Procedure 83 

105.  Form  of  articles  of  agreement 83 

106.  Account  of  apprentices 85 

107.  Scale  of  provisions 86 

108.  Certificate  of  discharge 87 

109.  Sick  and  disabled  seamen 87 


TABLE    OF    CONTENTS.  7 

Page. 

110.  Jurisdiction  over  American  seamen  in  foreign  ports  and  foreign  seamen 

in  Amoricaii  ports 88 

111.  Seamen's  witness  fees 90 

Part  VI. — Seaworthiness,  supplies,  log  book. 

112.  Unseaworthy  vessels 92 

113.  Inspection  of  hulls 92 

114.  Inspection  of  sea worthint^ss  at  domestic  ports 93 

115.  Inspection  of  seaworthiness  at  foreign  ports 94 

116.  Provisions  and  water 95 

117.  Weijrhts  and  measures 97 

118.  Medicines  and  antiscorbutics 97 

119.  Slop  chest 97 

120.  Warmth  in  cold  weather 98 

121.  Logbook 98 

Part  VII, — Liability  of  owners,  masters,  and  shippers. 

122.  Liabilitv  of  owners,  masters,  and  shippers 100 

123.  Act  of  Feb.  18,  1893 102 

124.  General  libel  bond 103 

Part  VIII. — Inspection  of  steam  vessels. 

125.  General  provisions 105 

126.  Inspection  of  registered  foreign-built  vessels 108 

127.  Manning  of  steam  passenger  vessels 108 

128.  Inspection  of  hulls  and  e(iuipment 108 

129.  Inspection  of  boilers 108 

130.  Loading  safety  valve 112 

131.  Water-tight  bulkheads 113 

132.  Life  boats,  lines,  and  preservers 113 

133.  Stairways  and  deck  room Ill 

134.  Wire  tiller  ropes 1 15 

135.  Protection  against  fire 115 

136.  Inflammable  or  explosive  cargo 117 

137.  Carriage  of  passengers 119 

138.  Certificate  of  inspection 120 

139.  Exhibit  of  laws .  121 

140.  Inspectors  and  officers  of  steam  vessels 121 

141.  Liability  for  damage 122 

142.  Enforcement  and  penalty 123 

Part  IX. — Immigrant  ships. 

143.  Accommodations 121 

144.  Light  and  air 126 

145.  Provisions , 127 

146.  Medical  attendance 127 

147.  Discipline  and  cleanliness 128 

148.  Privacy  of  passengers 128 

149.  Explosives ;  cattle 129 

150.  Boarding  vessel ;  passenger  list 130 

151.  Death  of  passenger 130 

152.  Inspection 131 

153.  Penalties 131 

Part  X. — General  pilot  laws. 

154.  General  pilot  laws 133 

Part  XI. — Toxxage  tax. 

155.  Rates  of  tax 135 

156.  Exemptions  from  tonnage  tax 135 

157.  Discriminating  tonnage  taxes 136 

158.  Alien  tonnage  taxes 137 

159.  Light  money 138 

160.  Consular  tonnage  charges 138 

161.  Refund  of  tonnage  tax 139 


8  TABLE  OF  CONTENTS. 

Part  XII. — Discrimination  and  retaliation. 

162.  Discrimination  against  American  vessels 140 

163.  Discrimination  against  American  fishing  vessels 140 

164.  Discrimination  against  products  of  the  United  States 142 

165.  Discrimination  on  Canadian  canals 142 

166.  A'essels  of  nations  not  assimilated  by  treaty  to  American  vessels 143 

167.  Discriminating  duties 143 

Part  XIII. — Entry  and  clearance. 

168.  Clearance 145 

169.  Master's  oath 145 

170.  Form  of  outward  manifest 146 

171.  Form  of  clearance 146 

172.  State  inspection  laws 147 

173.  Bullion  and  coin 147 

174.  Live  oak  timber 147 

175.  Fees 147 

176.  Enrolled  and  licensed  vessels  in  foreign  trade 148 

177.  Oath  of  ownership  on  entry 148 

178.  Deposit  of  papers 149 

179.  War  documents,  passports,  sea  letters 150 

180.  Illegal  boarding  of  vessel 151 

Part  XIV. — Customs  laws  directly  relating  to  vessels. 

181.  Boarding  and  search  of  vessel 152 

182.  Seizure  of  vessels  or  merchandise 153 

183.  Exemption  from  forfeiture 156 

184.  Procedure  in  cases  of  fines,  penalties,  and  forfeiture 156 

185.  Moieties,  informers'  and  customs  ofiicers'  awards 157 

186.  Procedure 159 

187.  Limitation  of  time 161 

188.  Bonded  warehouses ,  161 

189.  Oaths  of  masters  and  owners 162 

Part  XV.— Entry  of  merchandise. 

190.  Definitions 163 

191.  Ports  of  entry 164 

192.  Vessels  bound  to  port  of  delivery 164 

193.  Eeport  and  declaration  of  master 164 

194.  Special  inward  manifest  for  Treasury  Department 165 

195.  Cargo  in  bulk 165 

196.  Bond  of  cargo  for  reexport 166 

197.  Inspection  of  merchandise  laden  for  export 166 

198.  Transfer  of  imported  merchandise  for  export 167 

199.  Delivery  of  cargo  in  various  districts 167 

200.  Owner's  or  consignee's  entry  of  merchandise 168 

201.  Vessels  exempt  from  entry 169 

202.  Vessels  exempt  from  certain  charges 169 

203.  Entry  of  wines  and  distilled  spirits 170 

204.  Sea  stores 170 

205.  Coal 171 

206.  Baggage  of  passengers 171 

207.  Baggage  and  tools  of  trade 171 

208.  Marks,  brands,  and  trade-  marks 172 

209.  Cigars 173 

210.  Oaths 173 

211.  Inward  manifests 173 

212.  Inspection  of  inward  manifest  by  boarding  officer 175 

213.  Entry  of  merchandise  at  special  ports 177 

214.  Clearance  at  special  ports 181 

215.  Entry  of  merchandise  for  difierent  port  of  destination 182 

216.  Comparison  of  cargo  and  manifest 182 

217.  Collection  of  duties 183 

218.  Permit  to  deliver 183 

219.  Preliminary  entry  and  unlading 183 

220.  Illegal  unlading 184 


TABLE    OF    CONTENTS.  9 

Pago. 

221.  Special  permit  to  iinlatln  by  nii;ht 181 

222.  Unladiiii;:  by  day 1X5 

223.  Supervision  ot'nnlaclin<]^ 18)J 

224.  I^imit  of  time  for  uiiladinj? 188 

225.  Weighiiii^,  {^aujting,  and  lueasnriiig 188 

226.  Unlading  of  wine  and  spirits 189 

227.  Postentry ]J)0 

228.  Ketnrns  of  unlading  of  cargo i;tO 

229.  Vessels  iu  distress 191 

230.  Obstruction  by  ice 192 

231.  Tlnlawfiil  removal  of  bonded  uiercbaudise 193 

232.  Transportation  in  bond 193 

233.  Transportation  to  special  ports 19 1 

234.  Immediate  delivery 195 

235.  Immediate  transportation 196 

236.  Salvage  of  merchandise 199 

237.  Bond  of  firm  or  partnership 199 

238.  Kefnnd  of  customs  duties 200 

239.  Fraudulent  importation  of  merchandise 201 

240.  Bribery  and  solieitation  of  bribes 201 

241.  Express  packages 202 

242.  Liens  for  freiglit  or  general  average 203 

Part  XVI. — Taiufk  provisions  directly  relating  to  vessels. 

243.  Coal 204 

244.  Shipbuilding  materials 204 

245.  Materials  for  repairs 205 

246.  Sunken  merchandise 205 

247.  Supplies 205 

248.  Sea  stores  and  equipments 205 

Part  XVII. — Consuls'  services  to  vessels. 

249.  Consuls'  services  to  vessels 206 

250.  Naval  officer  acting  as  consul 207 

Part  XVIII. — Commerce  with  contiguous  countries. 

251.  Size  of  foreign  trade  vessels 208 

252.  Evasion  of  the  coasting  laws  on  the  lakes  and  frontiers 208 

253.  Inward  manifests 209 

254.  Customs  inspection 210 

255.  Customs  seals  on  frontier 210 

256.  Transfer  of  cargo 212 

257.  Sea  stores 212 

258.  Saloon  stores 213 

259.  Duties  on  repairs 213 

260.  Entry  from  cue  district  to  another 214 

261.  Discharging  cargo  and  passengers 215 

262.  Steam  tugs , 215 

263.  Forms  and  penalties 215 

264.  Touching  at  foreign  ports 216 

265.  Foreign  merchandise 216 

266.  Special  provisions  for  British  North  America 216 

Part  XIX. — Domestic  commerce. 

267.  Great  districts 218 

268.  Clearanre  within  a  great  district -'18 

269.  Entry  within  a  great  district 219 

270.  Coasting  trade  via  Isthmus  of  Panama 220 

271.  Clearance  for  another  great  district 220 

272.  Entry  to  another  great  district 221 

273.  Exemption  on  the  Mississippi  and  tributaries 222 

274.  Vessels  with  domestic  cargo ■ 222 

275.  Registered  vessels  in  the  coasting  trade 223 

276.  Report  by  master 224 


10  TABLE    OF    CONTENTS. 

277.  Foreign  vessels  barrod  from  coasting  trade 224 

278.  Immediate  exportation  to  foreign  port 224 

279.  Foreign  vessels  on  coasting  voyages 224 

280.  Foreign  tng  boats 225 

281.  Penalties  for  violations  of  coasting  laws 225 

282.  Forfeiture  of  vessel  and  merchandise 226 

Part  XX. — Trade  avith  Hawaii. 

283.  Annexation  resolntion 227 

Part  XXI. — Trade  with  Porto  Rico. 

284.  Treaty  of  peace 229 

Part  XXII. — Trade  with  the  Philippines. 

285.  Treaty  of  peace 230 

Part  XXIII. — Trade  with  Alaska. 

286.  Subject  to  coasting  laws 231 

287.  Firearms  and  liquor 231 

288.  Special  licenses 232 

289.  Transfer  of  cargo 233 

290.  Yukon  and  Stikine  river  trade 233 

291.  Procedure 233 

292.  St.  Paul  and  St.  George  islands 234 

293.  Transit  in  bond 234 

294.  Crimes  and  penalties 235 

Part  XXIV. — Seal  fisheries. 

295.  Act  of  December  29,  1897 236 

296.  Actof  February  21,  1893 237 

297.  Actof  April  6,  1894 238 

298.  Provisions  of  Revised  Statutes 242 

Part  XXV. — Quarantine  and  bills  of  health. 

299.  Consular  bill  of  health 246 

300.  Quarantine  regulations 247 

301.  Quarantine  inspection 249 

302.  Suspension  of  commerce 249 

303.  Penalties 250 

304.  State  health  laws 250 

305.  Removal  of  cargo  251 

306.  Removal  of  custom-house 252 

Part  XXVI. — Immigration. 

307.  Head  money 2,53 

308.  Lists,  tickets,  and  examination 253 

309.  Inspection 255 

310.  Foreign  convicts  to  be  deported 256 

311.  Alien  contract  and  assisted  immigration 256 

312.  Inspection 259 

313.  Deportation  of  prohibited  immigrants 260 

314.  Prohibited  immigration 261 

315.  Appeals  in  certain  cases 262 

316.  Posting  of  laws 263 

317.  Miscellaneous  provisions 263 

Part  XXVII. — Chinese  immigration. 

318.  Act  of  May  5,  1892,  as  amended  November  3,  1893 265 

319.  Actof  September  13,  1888,  as  amended  October  1,  1888 268 

320.  Actof  May  6,  1882,  as  amended  July  5,  1884 271 

321.  Revised  Statutes  as  amended  March  3, 1875 276 


TABLE    OF    CONTENTS.  11 

Part  XXVIII. — Ockan  mail  service. 

Page. 

322.  Special  ocean  mail  contracts 279 

323.  General  ocean  mail  service 282 

324.  United  States  mail  agencies  abroad 285 

Part  XXIX. — Wrecks. 

325.  Kcport  of  wrecks 286 

326.  Canadian  wrecks 287 

327.  Wrecks  in  foreign  waters 287 

328.  Wrecks  in  Florida  waters 288 

Part  XXX. — Revenue  cutters. 

329.  Revenue  cutters 289 

Part  XXXI. — Remission  of  fines  and  penalties. 

330.  Remission  of  fines  and  penalties 291 

Part  XXXII. — Cattle  and  live-stock  trade. 

331.  Regulation  of  cattle  ships 293 

332.  Inspection  of  li  ve  stock 293 

333.  Horses  and  horse  meat 293 

334.  Inspection  of  meat  for  export 294 

335.  Interstate  trade 295 

336.  Inspection  of  pork  and  bacon 296 

337.  Diseased  cattle 296 

338.  Quarantine  of  live  stock 297 

339.  Care  of  cattle  in  domestic  trade 298 

340.  Neat  cattle 299 

Part  XXXIII. — Adulterated  products. 

341.  General  jjrovisions 301 

342.  Adulterated  food  products 301 

Part  XXXIV.— Tea  trade. 

343.  Tea  trade 303 

Part  XXXV. — Opium  trade. 

344.  Opinm  trade 306 

Part  XXXVI. — Rules  to  prevent  collisions. 

345.  Duty  to  stand  by 307 

346.  International  rules  of  1897 307 

347.  Consideration  of  future  rules 318 

348.  Inland  rules  of  1897 319 

349.  Limits  of  application  of  international  and  inland  or  local  rules 329 

350.  Rules  for  the  (ireai  Lakes  and  the  St.  Lawrence  River 331 

351.  Rules  for  the  Red  River  of  the  North,  and  rivers  emptying  into  Gulf  of 

Mexico 337 

352.  River  navigation 342 

353.  Rules  for  the  St.  Mary's  River 342 

354.  Special  rules  for  regattas 343 

Part  XXXVII. — Aids  to  navigation. 

355.  Assistance  by  United  States  vessels 344 

356.  Removal  of  derelicts 344 

357.  Lights  and  buoys 344 

358.  Nautical  Almanac : 345 

359.  Charts  and  manuals 345 

360.  Storm  and  weather  signals 345 

361.  Meridians 346 


12  TABLE    OF    CONTENTS. 

Part  XXXVIII.— Obstructions  to  navigation. 

Page. 

362.  Bridfjes,  dams,  dikes .347 

363.  General  obstructions 347 

364.  Harbor  lines 348 

365.  Penalties 348 

366.  Dumping  into  navigable  waters 349 

367.  Impairing  public  works 349 

358.  Obstructing  channels 350 

369.  Penalties .350 

370.  Bridge  spans 351 

371.  Bridge  piers  and  abutments 352 

372.  Drawbridges 352 

373.  Sunken  wrecks 353 

374.  Navigation  of  canals 354 

375.  Potomac  River 355 

Part  XXXIX. — New  York  Harbor. 

376.  New  York  Harbor 356 

Part  XL. — Anchorage  grounds. 

377.  New  York  Bay - 361 

378.  Chicago  Harbor ' 361 

Part  XLI. — Neutrality. 

379.  Neutrality 362 

Part  XLIL— Guano  islands. 

380.  Guano  islands 366 

Part  XLIII. — Miscellaneous. 

381.  Life-saving  medals 368 

382.  Rescuing  shipwrecked  American  seamen 369 

383.  School  ships 369 

384.  Instruction  in  shipbuilding 370 

385.  Naval  militia 370 

386.  North  Atlantic  fisheries 370 

387.  Special  privilege  for  foreign  war  vessels 371 

388.  Navy  ration 371 

389.  Proposed  maritime  canals 372 

390.  Coal  and  war  materials 373 

391.  Mines,  torpedoes,  and  harbor  defenses 373 

Part  XLIV. — Legal  procedure. 

392.  Seizure 375 

393.  Summary  trial 377 

Part  XLV. — Crimes. 

394.  Place  of  trial 379 

395.  Murder  and  manslaughter 379 

396.  Rape -' 380 

397.  Assault 380 

398.  Ill  treatment  of  crew 380 

399.  Mayhem 381 

400.  Seduction 381 

401.  Larceny - 381 

402.  Wrecking 381 

403.  Mutiny 382 

404.  Plundering  vessel 382 

405.  Abandonment  of  seamen 383 

406.  Barratry 383 

407.  Arson 383 

408.  Misprision  of  felony 384 

409.  Miscellaneous  offenses 384 

410.  Crimes  on  the  Great  Lakes 385 

411.  Forgery 385 


TABLE    OF    CONTENTS.  13 

Paut  XLVI.— Piracy. 

Pago. 

412.  Piracy :W6 

413.  Crimes  deoiued  piracy 387 

Part  XL VII. — Slavk  tkade. 

414.  Slave  trade 389 

Part  XLVIII. — Protection  of  submarine  cables. 

415.  Protection  of  submariue  cables 39.5 

Part  XLIX.— War  taxes  on  shipping. 

416.  War  taxes  on  shipping 398 

Part  L. — Administrative  and  executive  offices. 

417.  Bureau  of  Navigation 403 

418.  Shipping  commissioners 404 

419.  Customs  officers 405 

420.  Steamboat-Inspection  Service 412 

421.  Marine-Hospital  Service 417 

422.  Immigration  Bureau 419 

423.  Life-Saving  Service 419 

424.  Revenue-Cutter  Service 424 

425.  Light-House  Board 427 

426.  Treasury  agents 430 

427.  Coast  and  Geodetic  Survey 432 

428.  District  court  commissioners 433 

Part  LI. — Fees  payable  by  private  persons. 

429.  Fees  on  vessels  payable  by  private  persons 435 

Part  LII. — Customs  districts,  ports,  and  subports. 

430.  Customs  districts  and  ports  and  subports  of  entry  and  delivery 439 

431.  Power  to  designate  ports  and  subports 446 

Part  LIII. — Consulates  of  the  United  States. 

432.  Consulates  of  the  United  States 447 

Indexes. 

Table  of  laws  included  in  this  compilation,  with  date  of  enactment  and 
amendment  and  page  and  paragraph  in  which  incorporated  in  this 

volume 452 

Alphabetical  index 4G5 


Part  I.— VESSELS. 


1. 

Definition  of  vessel. 

7. 

Undocumented  vessels 

2. 

A' easels  of  the  United  States. 

8. 

Yachts. 

3. 

Registered  vessels. 

9. 

Official  numher. 

4. 

Whaling  vessels. 

10. 

Name  of  vessel. 

5. 

Enrolled  and  licensed  vessels. 

11. 

Change  of  name. 

6. 

Licensed  vessels  under  twenty  tons. 

12. 

Draught. 

1. 

Definition  of  vessel. 

The  word  "vessel"  iucliules  every  description  of  water-    Rs.,3. 
craft  or  other  artificial  contrivance  used  or  capable  of  being 
used  as  a  means  of  transportation  on  water. 

2.  Vessels  of  the  United  States. 

Vessels  registered  pursuant  to  law  and  no  others,  except  e.s.,413i. 
such  as  shall  be  duly  qualified  according  to  law  for  carrying 
on  the  coasting  or  fishing  trade,  shall  be  deemed  vessels  of 
the  United  States,  and  entitled  to  the  benefits  and  privileges 
appertaining  to  such  vessels;  but  no  such  vessel  shall  enjoy 
such  benefits  and  privileges  longer  than  it  shall  continue  to 
be  wholly  owned  by  a  citizen  or  citizens  of  the  United  States 
or  a  corporation  created  under  the  laws  of  any  of  the  States 
thereof,  and  be  commanded  by  a  citizen  of  the  United  States. 
And  all  the  officers  of  vessels  of  the  United  States  who  shall 
have  charge  of  a  watch,  including  pilots,  shall  in  all  cases  Mayzs.isoe. 
be  citizens  of  the  United  States.  [See  also  Qualification  of 
officers,  jjaragraph  61.] 

No  vessel  which  has  been  recorded  or  registered  as  an  k  s.,  4135. 
American  vessel  of  the  United  States,  pursuant  to  law,  and 
which  was  licensed  or  otherwise  authorized  to  sail  under  a 
foreign  flag,  and  to  have  the  protection  of  any  foreign  gov- 
ernment during  the  existence  of  the  rebellion,  shall  be 
deemed  or  registered  as  a  vessel  of  the  United  States,  or 
shall  have  the  rights  and  privileges  of  vessels  of  the  United 
States,  except  under  provisions  of  law  especially  authoriz- 
ing such  registry. 

3.  Registered  vessels. 

Vessels  built  within  the  United  States,  and  belonging  E.s.,4132. 
wholly  to  citizens  thereof,  and  vessels  which  may  be  cap- 
tured in  war  by  citizens  of  the  United  States,  and  lawfully 
condemned  as  prize,  or  which  may  be  adjudged  to  be  for- 
feited for  a  breach  of  the  laws  of  the  United  States,  being 
wholly  owned  by  citizens,  and  no  others,  may  be  registered 
as  directed  in  this  title  [R.  S.,  4131-4305J. 

15 


Sec.  2. 


E.  S.,  4165. 


16  PART    I. VESSELS. 

K.s.,4136.  The  Commissioner  of  Navigation  may  issue  a  register  or 

July  5, 1884.  enrollment  for  any  vessel  built  in  a  foreign  country,  when- 
ever such  vessel  shall  he  wrecked  in  the  United  States,  and 
shall  be  purchased  and  repaired  by  a  citizen  of  the  United 
States,  if  it  shall  be  proved  to  the  satisfaction  of  the  Com- 
missioner that  the  rei)airs  put  upon  such  vessel  are  equal 
to  three-fourths  of  the  cost  of  the  vessel  when  so  repaired. 

A  vessel  registered  pursuant  to  law,  which  by  sale  has 
March 3 1807.  bccomc  the  property  of  a  foreigner,  shall  be  entitled  to  a 

new  register  upon  afterwards  becoming  American  property, 
Sec.  10.  unless  it  has  been  eulaiged  or  undergone  change  in  build 

outside  of  the  United  States. 

4.  Whaling  vessels.  , 

K.s.,4339.  ^u  vessels  which  may  clear  with  registers  for  the  pur- 

pose of  engaging  in  the  whale  fishery  shall  be  deemed  to 
have  lawful  and  sufficient  papers  for  such  voyages,  secur- 
ing the  i)rivileges  and  rights  of  registered  vessels,  and  the 
privileges  and  exemptions  of  vessels  enrolled  and  licensed 
for  the  fisheries. 

5.  Enrolled  and  licensed  vessels. 

■R.  s.,  4311.  Yessels  of  twenty  tons  and  upward,  enrolled  in  pursu- 

ance of  this  Title  [K.  S.,  4311-4390],  and  having  a  license  in 
force,  or  vessels  of  less  than  twenty  tons,  which,  although 
not  enrolled,  have  a  license  in  force,  as  required  by  this 
Title,  and  no  others,  shall  be  deemed  vessels  of  the  United 
States  entitled  to  the  privileges  of  vessels  employed  in  the 
coasting- trade  or  fisheries. 

K.S.,  4316.  Any  steamboat  employed  or  intended  to  be  employed 

only  in  a  river  or  bay  of  the  United  States,  owned  wholly 
or  in  part  by  an  alien  resident  within  the  United  States, 
may  be  enrolled  and  licensed,  as  if  the  same  belouged  to  a 
citizen  of  the  United  States,  subject  to  all  the  provisions 
of  this  Title  [R.  S.,  4311-4390],  except  that,  in  such  case,  no 
oath  shall  be  required  that  the  boat  belongs  to  a  citizen  of 
the  United  States. 

R.S.,  4317.  Such  resident  alien,  owner  of  any  steamboat,  upon  appli- 

cation for  enrollment  or  license,  shall  give  bond  to  the  col- 
lector of  the  district,  for  the  use  of  the  United  States,  in 
the  penalty  of  one  thousand  dollars,  with  sufficient  surety, 
conditioned  that  the  boat  shall  not  be  employed  in  other 
waters  than  the  rivers  and  bays  of  the  United  States 

E.S.,  4318.  Any  vessel  of  the  United  States,  navigating  the  waters 

on  the  northern,  northeastern,  and  northwestern  frontiers, 
otherwise  than  by  sea,  shall  be  enrolled  and  licensed  in  such 
form  as  other  vessels;  such  enrollment  and  license  shall 
authorize  any  such  vessel  to  be  employed  either  in  the 
coasting  or  foreign  trade  on  such  frontiers,  and  no  certifi- 
cate of  registry  shall  be  required  for  vessels  so  employed. 
Such  vessel  shall  be,  in  every  other  respect,  liable  to  the 
regulations  and  penalties  relating  to  registered  and  licensed 
vessels. 


PART    I. — VESSELS.  17 

6.  Licensed  vessels  under  twenty  tons. 

Before  any  vessel,  of  the  buideu  of  five  tons,  and  less  r.s..  4331. 
than  twenty  tons,  shall  be  licensed,  the  same  measurement 
shall  be  made  of  such  vessel,  and  the  same  provisions 
observed  relative  thereto,  as  are  to  bo  observed  in  case  of 
measuring  vessels  to  be  registered  or  enrolled;  but  in  all 
cases,  where  such  vessel  or  any  otlier  licensed  vessel  shall 
have  been  once  measured,  it  shall  not  be  necessary  to  meas- 
ure such  vessel  anew,  for  the  purpose  of  obtaining  another 
enrollment  or  license,  unless  such  vessel  shall  have  under- 
gone some  alteration  as  to  her  burden,  subsequent  to  the 
time  of  her  former  license. 

7.  Undocumented  vessels. 

The  act  [R.  S.,  4311-4385]  to  which  this  is  a  supplement  Apr.is.m*. 
shall  not  be  so  construed  as  to  extend  the  provisions  of  the 
said  act  to  canal  boats  or  boats  emi^loyed  on  the  internal 
waters  or  canals  of  any  State;  and  all  such  boats,  except- 
ing only  such  as  are  j)rovided  with  sails  or  propelling 
machinery  of  their  own  adapted  to  lake  or  coastwise  navi- 
gation, and  excepting  such  as  are  employed  in  trade  with 
the  Canadas,  shall  be  exempt  from  the  i)rovisions  of  the 
said  act,  and  from  the  payment  of  all  customs  and  other 
fees  under  any  act  of  Congress. 

The  provisions  of  title  fifty  [R.  S.,  4311-4390]  of  the  June  so,  mo. 
Revised  Statutes  of  the  United  States  shall  not  be  so  con-  June  19,  isse. 
strued  as  to  require  the  payment  of  any  fee  or  charge  for 
the  enrolling  or  licensing  of  vessels,  built  in  the  United 
States  and  owned  by  citizens  thereof,  not  propelled  by  sail 
or  by  internal  motive  power  of  their  own,  and  not  in  any 
case  carrying  passengers,  whether  navigating  the  internal 
waters  of  a  State  or  the  navigable  waters  of  the  United 
States,  and  not  engaged  in  trade  with  contiguous  foreign 
territory,  nor  shall  this  or  any  existing  law  be  construed  to 
require  the  enrolling,  registering  or  licensing  of  any  Hat 
boat,  barge  or  like  craft  for  the  carriage  of  freight,  not  pro- 
pelled by  sail  or  by  internal  motive  power  of  its  own,  on 
the  rivers  or  lakes  of  the  United  States. 

Nothing  in  this  Title   [R.  S.,  4311-4390]  shall  be  con-    R.s.,4385. 
strued  to  extend  to  any  boat  or  lighter  not  being  masted, 
or  if  masted  and  not  decked,  employed  in  the  harbor  of 
any  town  or  city. 

8.  Yachts. 

The  Secretary  of  the  Treasury  may  cause  yachts  used    R.s.,42u. 
and  employed  exclusively  as  pleasure  vessels  or  designed    Mar.  3,1883. 
as  models  of  naval  architecture,  if  built  and  owned  in 
compliance  with  the  provisions  of  sections  forty-one  hun-    Jan.i6,:895. 
dred  and  thirty-three  to  forty-one  hundred  and  thirty-five,    Scc.4. 
to  be  licensed  on  terms  which  will  authorize  them  to  pro- 
ceed from  port  to  port  of  the  United  States,  and  by  sea  to 
foreign  ports,  without  entering  or  clearing  at  the  custom 
house,  such  license  shall  be  in  such  form  as  the  Secretary 
NAV  99,  PT  2 2 


18  PART    I. VESSELS. 

of  the  Treasury  may  prescribe.  Such  vessels,  so  enrolled 
and  licensed,  shall  not  be  allowed  to  transport  merchandise 
or  carry  i)assengers  for  pay.  Such  vessels  shall  have  their 
name  and  port  placed  on  some  conspicuous  portion  of  their 
hulls.  Such  vessels  shall,  in  all  respects,  except  as  above, 
be  subject  to  the  laws  of  the  United  States,  and  shall  be 
liable  to  seizure  and  forfeiture  for  any  violation  of  the  pro- 
visions of  this  title  [R.  S.,  4131-4305J. 

Jan.  ifi,  1895.        ]^o  liccused  yacht  shall  engage  in  any  trade,  nor  in  any 
Sec. 4.  way  violate  the  revenue  laws  of  the  United  States;  and 

every  such  yacht  shall  comply  with  the  laws  in  all  respects. 
Sec.  6.  Any  master  or  owner  violating  the  provisions  of  the  pre- 

ceding section  shall  be  liable  to  the  penalty  of  two  hundred 
dollars,  in  addition  to  any  other  penalty  imposed  by  law. 
The  Secretary  of  the  Treasury  shall  have  power  to  remit  or 
mitigate  any  such  penalty  if  in  his  opinion  it  was  incurred 
without  negligence  or  intention  of  fraud. 

E.s.,4217.  Yov  the  identification  of  yachts  and  their  owners,  a  com- 

mission to  sail  for  pleasure  in  any  designated  yacht  belong- 
ing to  any  regularly  organized  and  incorporated  yacht 
club,  stating  the  exemptions  and  privileges  enjoyed  under 
it,  may  be  issued  by  the  Secretary  of  the  Treasury,  and 
shall  be  a  token  of  credit  to  any  United  States  ofticial,  and 
to  the  authorities  of  any  foreign  power,  for  privileges  en- 
joyed under  it. 

K.s.,4215.  All  such  licensed  yachts  shall  use  a  signal  of  the  form, 

size,  and  colors  prescribed  by  the  Secretary  of  the  Navy; 
and  the  owners  thereof  shall  at  all  times  permit  the  naval 
architects  in  the  employ  of  the  United  States  to  examine 
and  copy  the  models  of  such  yachts. 

R.  s.,42iG.  Yachts,  belonging  to  a  regularly  organized  yacht  club  of 

any  foreign  nation  which  shall  extend  like  privileges  to  the 
yachts  of  the  United  States,  shall  have  the  privilege  of 
entering  or  leaving  any  port  of  the  United  States  without 
entering  or  clearing  at  the  custom-house  thereof  or  paying 

Feb. 5, 1897.  tounagc  tax :  Provided,  That  the  privileges  of  this  section 
shall  not  extend  to  any  yacht  built  outside  of  the  United 
States  and  owned,  chartered,  or  used  by  a  citizen  of  the 
United  States,  unless  such  ownership  or  charter  was  acquired 
prior  to  the  passage  of  this  .A.ct.  [See  also  Tonnage  Tax, 
Paragraph,  155.] 

K.s.,4218.  Every  yacht  visting  a  foreign  country  under  the  provi- 

sions of  the  four  preceding  sections  shall,  on  her  return  to 
the  United  States,  make  due  entry  at  the  custom-house  of 
the  port  at  which,  on  such  return,  she  shall  arrive. 

9.  Official  number. 

R.  s.,  4177.  The  Commissioner  of  Navigation  shall  have  power,  under 

July  5, 1884.     gudj  rcgulatious  as  he  shall  prescribe,  to  establish  and  pro- 
vide a  system  of  numbering  vessels  so  registered,  enrolled, 
and  licensed;  and  each  vessel  so  numbered  shall  have  her 
number  deeply  carved  or  otherwise  permanently  marked 
June  19, 1886.    on  her  main  beam ;  and  if  at  any  time  she  shall  cease  to  be 
Sec.  6.  gQ  marked,  such  vessel  shall  be  liable  to  a  fine  of  thirty 


PART   I. VESSELS.  19 

dollars  on  every  arrival  in  a  i)ort  of  the  United  States  if 
she  have  not  her  proper  ollicial  number  legally  carved  or 
permanently  marked. 

10.  Name  of  vessel. 

The  name  of  every  documented  vessel  of  the  United    k.s.,4178. 
States  shall  be  marked  upon  each  bow  and  ui)on  the  stern,    i">i>- 21,  isoi. 
and  the  home  port  shall  also  be  marked  upon  the  stern.    J"*"- 20, 1807. 
These  names  shall  be  i)aintodor  gilded,  or  consist  of  cut  or 
carved  or  cast  roman  letters  in  light  color  on  a  dark  ground, 
or  in  a  dark  color  on  a  light  gnnind,  secured  in  place,  and 
to  be  distinctly  visible.     The  smallest  letteis  used  shall  not 
be  less  in  size  than  four  inches.     If  any  such  vessel  shall  be 
found  without  these  names  being  so  marked  the  owner  or 
owners  shall  be  liable  to  a  penalty  of  ten  dollars  for  each 
name  omitted.     The  word  "port,"  as  used  in  section  forty-    j„uo 26,1884. 
one  hundred  and  seventy-eight  shall  be  construed  to  mean    soc.  21. 
either  the  port  where  the  vessel  is  registered  or  enrolled, 
or  the  place  in  the  same  district  where  the  vessel  was 
built  or  where  one  or  more  of  the  owners  reside. 

Every  steam  vessel  of  the  United  States,  in  addition  to  R-s.,4495. 
having  her  name  painted  on  her  stern,  shall  have  the  same 
conspicuously  placed  in  distinct,  plain  letters,  of  not  less  ^ei^- 21.  issi. 
than  six  inches  in  length  on  each  outer  side  of  the  pilot- 
house, if  it  has  such,  and  in  case  the  vessel  has  side  wheels, 
also  on  the  outer  side  of  each  wheel-house;  and  if  any  such 
steamboat  be  found  without  having  her  name  placed  as 
required,  she  shall  be  subject  to  the  same  penalty  as  pro- 
vided by  law  in  the  case  of  a  vessel  of  the  United  States 
found  without  having  her  name,  and  the  name  of  the  port 
to  which  she  belongs,  painted  on  her  stern. 

11.  Change  of  name. 

No  master,  owner,  or  agent  of  any  vessel  of  the  United  K.s.,4179. 
States  shall  in  any  way  change  the  name  of  such  vessel, 
or  by  any  device,  advertisement,  or  contrivance  deceive  or 
attempt  to  deceive  the  i)ublic,  or  any  otticer  or  agent  of  the 
United  States,  or  of  any  State,  or  any  corporation  or  agent 
thereof,  or  any  person  or  jjersons,  as  to  the  true  name  or 
character  of  such  vessel,  on  pain  of  the  forfeiture  of  such 
vessel. 

The  Commissioner  of  Navigation  shall,  under  the  direc-    Jwiy  5,  i884. 
tion  of  the  Secretary  of  the  Treasury,  be  empowered  to    sec.5. 
change  the  names  of  vessels  of  the  United  States,  under 
such  restrictions  as  may  have  been  or  shall  be  prescribed 
by  act  of  Congress. 

The  Secretary  of  the  Treasury  be,  and  hereby  is,  author-  ^^"'■-  2.  issi. 
izcd  to  permit  the  owner  or  owners  of  any  vessel  duly  en- 
rolled and  found  seaworthy  and  free  from  debt  to  change 
the  name  of  the  same,  when,  in  his  opinion,  there  shall  be 
sufficient  cause  for  so  doing.  The  Secretary  of  the  Treas- 
ury shall  establish  siu^h  rules  and  regulations  and  procure 
such  evidence  as  to  the  age,  condition,  where  built,  and 
pecuniary  liability  of  the  vessel  as  he  may  deem  necessary 


20  PART   I. VESSELS. 

to  prevent  injury  to  ijublic  or  private  interests;  and  when 
permission  is  granted  by  the  Secretary,  he  shall  cause  the 
order  for  the  change  of  name  to  be  i)ublished  at  least  in  four 
issues  in  some  daily  or  weekly  paper  at  the  place  of  register ; 
and  the  cost  of  procuring  evidence  and  advertising  the 
change  of  name  to  be  paid  by  the  person  or  persons  desir- 
ing such  change  of  name. 

12.  Draught. 

Feb.  21, 1891.  The  draught  of  every  registered  vessel  shall  be  marked 

Sec.  2.  upon  the  stem  and  stern  jiost,  in  English  feet  or  decimeters, 

Jan. 20, 1897.  jn  either  Arabic  or  Roman  numerals.     The  bottom  of  each 

Sec.  2.  numeral  shall  indicate  the  draught  to  that  line. 


Part  II.— MEASUREMENT. 


13.  Measurement. 

14.  Gross  tonnage. 

15.  Deck  houses,  breaks,  etc. 

16.  Between  decks. 

17.  Open  vessels. 

18.  Water  ballast. 

19.  Net  tonnage. 


20.  Crew  accommodations. 

21.  Deductions  for  other  purposes. 

22.  Deductions  for  propelling  power. 

23.  Register  tonnage. 

24.  Appendix  of  measurement. 

25.  A'essels  exempt  from  measurement. 

26.  Measurement  of  foreign  vessels. 


R.  S.,4148. 


13.  Measurement. 

Before  any  vessel  shall  be  registered,  she  shall  be  meas- 
ured by  a  surveyor,  if  there  be  one,  or  by  the  i)erson  he 
shall  appoint,  at  the  port  or  place  where  the  vessel  may  be, 
and  if  there  be  none,  by  such  person  as  the  collector  of  the 
district  within  which  she  may  be  shall  appoint.  But  in  all 
cases  where  a  vessel  has  before  been  registered  as  a  vessel 
of  the  United  States,  it  shall  not  be  necessary  to  measure 
her  anew,  for  the  purpose  of  obtaining  another  register; 
unless  such  vessel  has  undergone  some  alteration  as  to  her 
burden,  subsequent  to  the  time  of  her  former  registry. 

The  officer  or  person  by  whom  such  measurement  is  made  k.  s.,4149. 
shall,  for  the  information  of  and  as  a  voucher  to  the  officer 
by  whom  the  registry  is  to  be  made,  grant  a  certificate, 
specifying  the  build  of  the  vessel,  her  number  of  decks  and 
masts,  her  length,  breadth,  depth,  the  number  of  tons  she 
measures,  and  such  other  particulars  as  are  usually  descrip- 
tive of  the  identity  of  a  vessel,  and  that  her  name,  and  the 
place  to  which  she  belongs,  are  painted  on  her  stern  in  man- 
ner required  by  this  Title  (R.  S.,  4131-4305];  which  certifi- 
cate shall  be  countersigned  by  an  owner,  or  by  the  master 
of  such  vessel,  or  by  some  other  person  who  shall  attend 
her  admeasurement,  on  behalf  of  her  owner  or  owners,  in 
testimony  of  the  truth  of  the  particulars  therein  contained; 
without  which  the  certilicate  shall  not  be  valid. 

The  registry  of  every  vessel  shall  express  her  length  and  r.s.,415o. 
breadth,  together  with  her  depth  and  the  height  under  the 
third  or  spar  deck,  which  shall  be  ascertained  in  the  follow- 
ing manner:  The  tonnage  deck,  in  vessels  having  three  or 
more  decks  to  the  hull,  shall  be  the  second  deck  from  below; 
in  all  other  cases  the  u])per  deck  of  the  hull  is  to  be  the 
tonnage-deck.  The  length  from  the  fore  part  of  the  outer 
planking  on  the  side  of  the  stem  to  the  after  i)art  of  the 
main  stern-post  of  screw  steamers,  and  to  the  after  part  of 
the  rudder-post  of  all  other  vessels  measured  on  the  top 
of  the  tonnage-deck,  shall  be  accounted  the  vessel's  length. 

21 


22  PART   II. MEASUREMENT. 

The  breadtb  of  the  broadest  part  on  the  outside  of  the 
vessel  shall  be  accounted  the  vessel's  breadth  of  beam.  A 
measure  from  the  under  side  of  the  toniiage-deck  i)lauk, 
amidships,  to  the  ceiling  of  the  hold,  (average  thickness,) 
shall  be  accounted  the  depth  of  hold.  If  the  vessel  has  a 
third  deck,  then  the  height  from  the  top  of  the  tonnage- 
deck  plank  to  the  under  side  of  the  upper-deck  i^lank  shall 
be  accounted  as  the  height  under  the  spar-deck.  All  meas- 
urement to  be  taken  in  feet  and  fractions  of  feet;  and  all 
fractions  of  feet  shall  be  expressed  in  decimals. 

K.s.,4151.  No  part  of  any  vessel  shall  be  required  by  the  preceding 

section  to  be  measured  or  registered  for  tonnage  that  is 
used  for  cabins  or  state  rooms,  and  constructed  entirely 
above  the  first  deck,  which  is  not  a  deck  to  the  hull. 

14.  Gross  tonnage. 

R.s.,4153.  The  register  tonnage  of  every  vessel  built  within  the 

United  States  or  owned  by  a  citizen  or  citizens  thereof 
shall  be  her  entire  internal  cubical  capacity  in  tons  of  one 
hundred  cubic  feet  each,  to  b3  ascertained  as  follows: 
Measure  the  length  of  the  vessel  in  a  straight  line  along 
the  upper  side  of  the  tonnage-deck,  from  the  inside  of  the 
inner  plank,  average  thickness,  at  the  side  of  the  stem  to 
the  inside  of  the  plank  on  the  stern-timbers,  average  thick- 
ness, deducting  from  this  length  what  is  due  to  the  rake 
of  the  boAT  in  the  thickness  of  the  deck,  and  what  is  due  to 
the  rake  of  the  stern-timber  in  the  thickness  of  the  deck, 
and  also  what  is  due  to  the  rake  of  the  stern-timber  in  one- 
third  of  the  round  of  the  beam ;  divide  the  length  so  taken 
into  the  number  of  enual  parts  required  by  the  following 
table,  according  to  the  class  in  such  table  to  which  the 
vessel  belongs: 

Class  one.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  fifty  feet  or  under:  into 
six  equal  parts. 

Class  two.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  fifty  feet  and  not 
exceeding  one  hundred  feet:  into  eight  equal  parts. 

Class  three.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  one  hundred  feet, 
and  not  exceeding  one  hundred  and  fifty  feet:  into  ten 
equal  parts. 

Class  four.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  one  hundred  and 
fifty  feet,  and  not  exceeding  two  hundred  feet:  into  twelve 
equal  parts. 

Class  five.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  feet, 
and  not  exceeding  two  hundred  and  fifty  feet :  into  fourteen 
equal  parts. 

Class  six.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  and 
fifty  feet:  into  sixteen  equal  ijarts. 

Then,  the  hold  being  sufficiently  cleared  to  admit  of  the 
required  depths  and  breadths  being  properly  taken,  find 


PART    II. — MEASUREMENT.  23 

the  transverse  area  of  such  vessel  at  each  point  of  division 
of  the  length  as  follows: 

Measure  the  depth  at  each  point  of  division  from  a  point 
at  a  distance  of  one-third  <»f  the  round  of  the  beam  below 
such  deck;  or,  in  case  of  a  break,  below  a  line  stretched 
in  continuation  thereof,  to  the  upper  side  of  the  floor-tim- 
ber, at  the  inside  of  the  liinber-strake,  after  deducting 
the  average  thickness  of  the  ceiling,  which  is  between  the 
bilge-planks  and  liniber-strake;  then,  if  the  depth  at  the 
midship  division  of  the  length  do  not  exceed  sixteen  feet, 
divide  each  depth  into  four  cipial  parts;  then  measure  the 
inside  horizontal  breadth,  at  each  of  the  three  i)oiuts  of 
division,  and  also  at  the  upper  and  lower  ponits  of  the 
depth,  extending  each  measurement  to  the  average  thick- 
ness of  that  part  of  the  ceiling  which  is  between  the  points 
of  measurement;  number  these  breadths  from  above, 
numbering  the  upper  breadth  one,  and  so  on  down  to  the 
lowest  breadth;  multiply  the  second  and  fourth  by  four, 
and  the  third  by  two;  add  these  products  together,  and  to 
the  sum  add  the  tirst  breadth  and  the  last,  or  fifth;  mul- 
tiply the  quantity  thus  obtained  by  one-third  of  the  com- 
mon interval  between  the  breadths,  and  the  product  shall 
be  deemed  the  transverse  area;  but  if  the  midship  depth 
exceed  sixteen  feet,  divide  each  depth  into  six  equal  parts, 
instead  of  four,  and  measure  as  before  directed,  the  hori- 
zontal breadths  at  the  five  points  of  division,  and  also  at 
the  upper  and  lower  points  of  the  depth;  number  them 
from  above  as  before;  multiply  the  second,  fourth,  and 
sixth  by  four,  and  the  third  and  fifth  by  two;  add  these 
products  together,  and  to  the  sum  add  the  first  breadth 
and  the  last,  or  seventh;  multiply  the  quantities  thus 
obtained  by  one-third  of  the  common  interval  between  the 
breadths,  and  the  product  shall  be  deemed  the  transverse 
area. 

Having  thus  ascertained  the  transverse  area  at  each 
point  of  division  of  the  length  of  the  vessel,  as  required 
above,  proceed  to  ascertain  the  register  tonnage  of  the 
vessel  ill  the  following  manner: 

Number  the  areas  successively  one,  two,  three,  and  so 
forth,  number  one  being  at  the  extreme  limit  of  the  length 
at  the  bow,  and  the  last  number  at  the  extreme  limit  of  the 
length  at  the  stern;  then,  whether  the  length  be  divided 
according  to  the  table  into  six  or  sixteen  parts,  as  in  classes 
one  and  six,  or  any  intermediate  number,  as  in  classes  two, 
three,  four,  and  five,  multiply  the  second,  and  every  even- 
numbered  area  by  four,  and  the  third,  and  every  odd  num- 
liered  area,  except  the  first  and  last,  by  two;  add  these 
products  together,  and  to  the  sum  add  the  first  and  last  if 
they  yield  anything;  multiply  the  quantities  thus  obtained 
by  one-third  of  the  comnion  interval  between  the  areas, 
and  the  product  will  be  the  cubical  contents  of  the  space 
under  the  tonnage  deck;  divide  this  product  by  one  liun- 
dred,  and  the  quotient,  being  the  tonnage  ninler  the  ton- 
nage-deck, shall  be  deemed  to  be  the  register  tonnage  of 
the  vessel  subject  to  the  additions  hereinafter  mentioned. 


24  PART   II. MEASUREMENT. 

15.  Deck-houses,  breaks,  etc. 

R.S.4153.  If  there  be  a  break,  a  poop,  or  any  other  permanent 

closed-in  space  on  the  upper  decks,  or  the  spar-deck,  avail- 
able for  cargo,  or  stores,  or  for  the  berthing  or  accommo- 
dation of  passengers  or  crew,  the  tonnage  of  such  space 
shall  be  ascertained  as  follows : 

Measure  the  internal  mean  length  of  such  space  in  feet, 
and  divide  it  into  an  even  number  of  equal  parts  of  which 
the  distance  asunder  shall  be  most  nearly  equal  to  those 
into  which  the  length  of  the  tonnage-deck  has  been  divided ; 
measure  at  the  middle  of  its  height  the  inside  breadths; 
namely,  one  at  each  end  and  at  each  of  the  '^joints  of  divi- 
sion, numbering  them  successively  one,  two,  three,  and  so 
forth ;  then  to  the  sum  of  the  end  breadths  add  four  times 
the  sum  of  the  even -numbered  breadths  and  twice  the  sum 
of  the  odd-numbered  breadths,  except  the  first  and  last, 
and  multiply  the  whole  sum  by  one  third  of  the  common 
interval  between  the  breadths;  the  product  will  give  the 
mean  horizontal  area  of  such  space ;  then  measure  the  mean 
height  between  the  planks  of  the  decks,  and  multiply  by 
it  the  mean  horizontal  area;  divide  the  product  by  one 
hundred,  and  the  quotient  shall  be  deemed  to  be  the  ton- 
nage of  such  space,  and  shall  be  added  to  the  tonnage 

Mar. 2, 1895.  undcF  the  tounagc-decks,  ascertained  as  aforesaid:  Pro- 
vided, That  nothing  shall  be  added  to  the  gross  tonnage 
for  any  sheltered  space  above  the  upper  deck  which  is 
under  cover  and  open  to  the  weather ;  that  is,  not  inclosed. 

16.  Between-decks. 

R..S.4153.  If  a  vessel  has  a  third  deck,  or  spar  deck,  the  tonnage 

of  the  space  between  it  and  the  tonnage-deck  shall  be 
ascertained  as  follows : 

Measure  in  feet  the  inside  length  of  the  space,  at  the 
middle  of  its  height,  from  the  plank  at  the  side  of  the  stem  to 
the  plank  on  the  timbers  at  the  stern,  and  divide  the  length 
into  the  same  number  of  equal  parts  into  which  the  length 
of  the  tonnage-deck  is  divided ;  measure,  also  at  the  middle 
of  its  height,  the  inside  breadth  of  the  space  at  each  of  the 
points  of  division,  also  the  breadth  of  the  stem  and  the 
breadth  at  the  stern;  number  them  successively  one,  two, 
three,  and  so  forth,  commencing  at  the  stem ;  multiply  the 
second,  and  all  other  even-numbered  breadths,  by  four,  and 
the  third,  and  all  the  other  odd-numbered  breadths,  except 
the  first  and  last,  by  two;  to  the  sum  of  these  products 
add  the  first  and  last  breadths,  multiply  the  whole  sum  by 
one-third  of  the  common  interval  between  the  breadths,  and 
the  result  Avill  give,  in  superficial  feet,  the  mean  horizontal 
area  of  such  si)ace;  measure  the  mean  height  between  the 
plank  of  the  two  decks,  and  multiply  by  it  the  mean  hori- 
zontal area,  and  the  product  will  be  the  cubical  contents  of 
the  space;  divide  this  product  by  one  hundred,  and  the 
quotient  shall  be  deemed  to  l)e  the  tonnage  of  such  space, 
and  shall  be  added  to  the  other  tonnage  of  the  vessel  ascer- 
tained as  above  directed.  And  if  the  vessel  has  more  than 
three  decks,  the  tonnage  of  each  space  between  decks,  above 


PART    II. MEASUREMENT.  25 

the  tonnage-deek,  shall  be  severally  ascertained  in  the  man- 
ner above  described,  and  shall  be  added  to  the  tonnage  of 
the  vessel,  ascertained  as  above  directed. 

17.  Open  vessels. 

In  ascertaining  the  tonnage  of  open  vessels  the  upper    us. 4153. 
edge  of  tbe  upper  strake  is  to  form  the  boundary-line  of 
measurement,  and  the  depth  sliall  be  taken  from  an  athwart- 
ship  line,  extending  from  the  upper  edge  of  such  strake  at 
each  division  of  the  length. 

18.  Water  ballast 

In  the  case  of  a  ship  constructed  with  a  double  bottom  Mar.  2,1895. 
for  water  ballast,  if  the  s})ace  between  the  inner  and  outer 
plating  thereof  is  certified  by  the  collector  to  be  not  availa- 
ble for  the  carriage  of  cargo,  stores,  or  fuel,  then  the  depth 
of  the  vessel  shall  be  taken  to  be  the  upi)er  side  of  the 
inner  plating  of  the  double  bottom,  and  that  upper  side 
shall  for  the  j)urposes  of  measurement  be  deemed  to  repre- 
sent the  floor  timber. 

19.  Net  tonnage. 

From  the  gross  tonnage  of  every  vessel  of  the  United    Aug. 5,1882. 
States  there  shall  be  deducted — 

20.  Crew  accommodations. 

(a)  The  tonnage  of  the  spaces  or  compartments  occuined  Mar. 2, 1395. 
by  or  appropriated  to  the  use  of  the  crew  of  the  vessel.  •Sec.2. 
Every  place  appropriated  to  the  crew  of  the  vessel  shall 
have  a  space  of  not  less  than  seventy-two  cubic  feet  and 
not  less  than  twelve  superficial  feet,  measured  on  the  deck 
or  floor  of  that  place,  for  each  seaman  or  apprentice  lodged 
therein.  Tbe  provisions  of  this  Act  requiring  a  crew  space 
of  seventy-two  cubic  feet  per  man  shall  apply  only  to  ves- 
sels the  construction  of  which  shall  be  begun  after  June 
thirtietb,  eighteen  hundred  and  ninety-five.  Such  place 
shall  be  securely  constructed,  properly  lighted,  drained,  and 
ventilated,  properly  protected  from  weather  and  sea,  and  as 
far  as  practicable  properly  shut  off  and  protected  from  the 
efiHuvium  of  cargo  or  bilge  water ;  and  failure  to  comply  with 
this  provision  shall  subject  the  owner  to  a  penalty  of  five 
hundred  dollars.  Every  place  so  occupied  shall  be  kept 
free  from  goods  or  stores  of  any  kind  not  being  the  personal 
l)roperty  of  the  crew  in  use  during  the  voyage;  and  if  any 
such  place  is  not  so  kept  free  the  master  shall  forfeit  and 
pay  to  each  seaman  or  apprentice  lodged  in  that  place  the 
sum  of  fifty  cents  a  day  for  each  day  during  which  any 
goods  or  stores  as  aforesaid  are  kei)tor  stored  in  the  place 
after  complaint  has  been  made  to  him  by  any  two  or  more 
of  the  seamen  so  lodged.  No  deduction  from  tonnage  as 
aforesaid  shall  be  made  unless  there  is  permanently  cut  in 
a  beam  and  over  the  doorway  of  every  such  place  the  num- 
ber of  men  it  is  allowed  to  accommodate  with  these  words, 
"certified  to  accommodate seamen." 


26  PART   II. MEASUREMENT. 

Mar.^3, 1897.  Every  place  appropriated  to  the  crew  of  a  seagoing  ves- 
sel of  the  Uuited  States,  except  a  tishiug  vessel,  yacht,  a 
pilot  boat,  and  all  vessels  under  two  hundred  tons  register, 
shall  have  a  space  of  not  less  than  seventy-two  cubic  feet 
and  not  less  than  twelve  square  feet  measured  on  the  deck 
or  floor  of  that  place  for  each  seaman  or  apprentice  lodged 
therein:  Provided,  That  any  such  seagoing  sailing  vessel, 
built  or  rebuilt  after  June  thirtieth,  eighteen  hundred  and 
ninety-eight,  shall  have  a  space  of  not  less  than  one  hun- 
dred cubic  feet  and  not  less  than  sixteen  square  feet  meas- 
ured on  the  deck  or  floor  of  that  space  for  each  seaman  or 
apprentice  lodged  therein.  Such  place  shall  be  securely 
constructed,  properly  lighted,  drained,  heated  and  venti- 
lated, properly  protected  from  weather  and  sea,  and,  as  far 
as  practicable,  properly  shut  off'  and  protected  from  the 
effluvium  of  cargo  or  bilge  water. 

Fishing  vessels,  yachts,  and  pilot  boats  are  hereby  ex- 
empted from  the  provisions  of  section  one  of  chapter  one 
hundred  and  seventy-three  of  the  laws  of  eighteen  hun- 
dred and  ninety-five,  entitled  "An  Act  to  amend  section 
one  of  chapter  three  hundred  and  ninety-eight  of  the  laws 
of  eighteen  hundred  and  eighty-two,  entitled  'An  Act  to 
provide  for  deductions  from  the  gross  tonnage  of  vessels  of 
the  United  States,'"  so  far  as  said  section  prescribes  the 
amount  of  space  which  shall  be  appropriated  to  the  crew 
and  provides  that  said  space  shall  be  kept  free  from  goods 
or  stores  not  being  the  personal  property  of  the  crew  in 
use  during  the  voyage. 

Every  steamboat  of  the  United  States  plying  upon  the 
Mississippi  River  or  its  tributaries  shall  furnish  an  appro- 
priate place  for  the  crew,  which  shall  conform  to  the  require- 
ments of  this  section  so  far  as  they  shall  be  applicable 
thereto  by  providing  sleeping  room  in  the  engine  room  of 
the  steamboats  properly  protected  from  the  cold,  winds, 
and  rain  by  means  of  suitable  awnings  or  screens  on  either 
side  of  the  guards  or  sides  and  forward,  reaching  from  the 
boiler  deck  to  the  lower  or  main  deck,  under  the  direction 
and  approval  of  the  Supervising  Inspector-General  of  Steam 
Vessels,  and  shall  be  properly  heated.  Any  failure  to  com- 
ply with  this  section  shall  subject  the  owner  or  owners  to 
a  penalty  of  live  hundred  dollars. 

21.  Deductions  for  other  purposes. 
Mar.  2, 1895.  ^j^^  ^jjy  spacc  cxclusively  for  the  use  of  the  master  certi- 

fied by  the  collector  to  be  reasonable  in  extent  and  i^roperly 
constructed,  and  the  words  "Certified  for  the  accommoda- 
tion of  master"  to  be  permanently  cut  in  a  beam  and  over 
the  door  of  such  space. 

(c)  Any  space  used  exclusively  for  the  working  of  the 
helm,  the  capstan,  and  the  anchor  gear,  or  for  keeping  the 
charts,  signals,  and  other  instruments  of  navigation  and 
boatswain's  stores,  and  the  words  "Certified  for  steering 
gear,"  or  "Certified  for  boatswain's  stores,"  or  "Certified 
chart  house,"  as  the  case  may  be,  to  be  permanently  cut  in 
the  beam  and  over  the  doorway  of  each  of  such  spaces. 


PART   II. MEASUREMENT.  27 

(d)  The  space  occupied  by  the  donkey  eugiue  and  boiler, 
if  connected  with  tlie  main  pnnii)S  of  tlie  ship. 

(e)  In  the  case  of  a  ship  propelled  wholly  by  sails  any 
space,  not  exceeding  two  and  one-half  i)er  centum  of  the 
gross  tonnage,  used  exclusively  for  storage  of  sails:  Pro- 
rided,  That  spaces  deducted  shall  be  certified  by  the  col- 
lector to  be  reasonable  in  extent  and  ])roperly  and  efliciently 
constructed  for  the  purposes  for  which  they  are  intended, 
and  the  words  "Certified  for  storage  of  sails"  to  be  cut  on 
the  beam  and  over  the  doorway  of  such  space. 

22.  Deductions  lor  propelling  power. 

(f)  In  the  case  of  a  ship  propelled  by  steam  or  other    Mar.2,i895. 
power  requiring  engine  room,  a  deduction  for  the  space 
occupied  by  the  proi)elling  power  shall  be  made,  as  follows: 

In  ships  propelled  by  paddle  wheels  in  which  the  ton- 
nage of  the  space  occupied  by  and  necessary  for  the  proper 
working  of  the  boilers  and  machinery  is  above  twenty  per 
centum  and  under  thirty  per  centum  of  the  gross  tonnage, 
the  deduction  shall  be  thirty  seven  per  centum  of  the  gross 
tonnage;  and  in  ships  propelled  by  screws  in  which  the  ton- 
nage of  the  space  is  above  thirteen  per  centum  and  under 
twenty  per  centum  of  the  gross  tonnage,  the  deduction 
shall  be  thirty  two  per  centum  of  the  gross  tonnage.  In 
the  case  of  screw  steamers  the  contents  of  the  trunk  shaft 
shall  be  deemed  spaces  necessary  for  the  proper  working  of 
the  machinery. 

(gj  In  the  case  of  other  vessels  in  which  the  actual  space 
occupied  by  the  proiielling  machinery  amounts  in  the  case 
of  paddle  vessels  to  twenty  per  centum  or  under  and  in  the 
case  of  screw  vessels  to  thirteen  per  centum  or  under  of 
the  gross  tonnage  of  the  ship,  the  deduction  shall  consist  in 
the  case  of  paddle  vessels  of  once  and  a  half  the  tonnage  of 
the  actual  machinery  space  and  in  the  case  of  screw  vessels 
of  once  and  three-lourths  the  tonnage  of  the  actnal  machin- 
ery space.  But  if  the  actual  machinery  space  is  so  large 
as  to  amount  in  the  case  of  paddle  vessels  to  thirty  per 
centum  or  above,  and  in  the  case  of  screw  vessels  to  twenty 
per  centum  or  above  of  the  gross  tonnage  of  the  ship,  the 
deduction  shall  consist  of  thirty  seven  per  centum  of  the 
gross  tonnage  of  the  ship  in  the  case  of  a  paddle  vessel 
and  thirty-two  per  centum  of  the  gross  tonnage  in  the  case 
of  a  screw  vessel;  or  if  the  owner  prefers  there  shall  be 
deducted  from  the  gross  tonnage  of  the  vessel  the  tonnage 
of  the  space  or  s])aces  actually  occupied  by  or  required  to 
be  inclosed  for  the  proper  working  of  the  boilers  and  ma- 
chinery, including  the  trunk  shaft  or  alley  in  screw  steam- 
ers, with  the  addition  in  the  case  of  vessels  propelled  with 
paddle  wheels  of  fifty  per  centum,  and  in  the  case  of  ves- 
sels propelled  by  screws  of  seventy-five  per  centum  of  the 
tonnage  of  such  space. 

(i)  On  a  request  in  writing  to  the  Commissioner  of  Navi- 
gation by  the  owners  of  a  ship  the  tonnage  of  such  portion 
of  the  space  or  spaces  above  the  crown  of  the  engine  room 
and  above  the  upper  deck  as  is  framed  in  for  the  machinery 


28  PART   11. MEASUREMENT. 

or  for  the  admission  of  light  and  air  and  not  required  to  be 
added  to  gross  tonnage  shall,  for  the  pnrpose  of  ascertain- 
ing the  tonnage  of  the  space  occupied  by  the  propelling 
power,  be  added  to  the  tonnage  of  the  engine  space;  but 
it  shall  then  be  included  in  the  gross  tonnage;  such  space 
or  spaces  must  be  reasonable  in  extent;  safe,  and  seaworthy, 
and  can  not  be  used  for  any  purpose  other  than  the  machin- 
ery or  for  the  admission  of  light  and  air  to  the  machinery, 
or  for  the  admission  of  light  and  air  to  the  machinery  or 
boilers  of  the  ship. 

23.  Register  tonnage. 

Aug.  5, 1882.  And  the  proper  deduction  from  the  gross  tonnage  having 
been  made,  the  remainder  shall  be  deemed  the  net  or  reg- 
ister tonnage  of  such  vessels. 

E.s.,4153.  The  register  of  the  vessel  shall  express  the  number  of 

decks,  the  tonnage  under  the  tonnage-deck,  that  of  the  be- 
tween-decks,  above  the  tonnage-deck ;  also  that  of  the  poop 
or  other  inclosed  spaces  above  the  deck,  each  separately. 

Mar.  2, 1895.  The  register  or  other  official  certificate  of  the  tonnage  or 
nationality  of  a  vessel  of  tl)e  United  States,  in  addition  to 
what  is  now  required  by  law  to  be  expressed  therein,  shall 
state  separately  the  deductions  made  from  the  gross  ton- 
nage, and  shall  also  state  the  net  or  register  tonnage  of  the 
vessel. 

But  the  outstanding  registers  or  enrollments  of  vessels 
of  the  United  States  shall  not  be  rendered  void  by  the 
addition  of  such  new  statement  of  her  tonnage,  unless  vol- 
untarily surrendered;  but  the  same  may  be  added  to  the 
outstanding  document  or  by  an  appendix  thereto,  with  a 
certificate  of  a  collector  of  customs  that  the  original  esti- 
mate of  tonnage  is  amended. 

R.S.4153.  Yw  every  vessel  documented  as  a  vessel  of  the  United 

Se°  5^^  ^^^^  States  the  number  denoting  her  net  tonnage  shall  be  deeply 
carved  or  otherwise  permanently  marked  on  her  main  beam, 
and  shall  be  so  continued;  and  if  the  number  at  any  time 
cease  to  be  continued  such  vessel  shall  be  subject  to  a  fine 
of  thirty  dollars  on  every  arrival  in  a  port  of  the  United 
States  if  she  have  not  her  tonnage  number  legally  carved 
or  permanently  marked. 

Mar.  2, 1895.         Under  the  direction  of  the  Secretary  of  the  Treasury 
Sec. 4.  |.jjg  Commissioner  of  Navigation  shall  make  regulations 

needful  to  give  effect  to  the  provisions  of  this  Act.  The 
Aug.  5, 1882.  Secretary  of  the  Treasury  shall  establish  and  promulgate  a 
Sec.  3.  proper  scale  of  fees  to  be  paid  for  the  readmeasurement  of 

the  spaces  to  be  deducted  from  the  gross  tonnage  of  a  ves- 
sel, on  the  basis  of  the  last  sentence  of  section  forty-one 
hundred  and  eighty-six  of  the  Kevised  Statutes,  beginning 
with  the  words  "But  the  charge  for  the  measurement." 

24.  Appendix  of  measurement. 

Mar. 2, 1895.  Upou  application  by  the  owner  or  master  of  an  Ameri- 

can vessel  in  foreign  trade,  collectors  of  customs,  under 
regulations  to  be  approved  by  the  Secretary  of  the  Treas- 


PART    II. — MEASUREMENT.  29 

ury,  are  authorized  to  attach  to  the  register  of  such  vessel 
an  appendix  statin*;-  separately,  for  use  in  foreign  jiorts, 
the  measurement  of  such  space  or  spaces  as  are  pernnttecl 
to  be  deducted  from  ^ross  tonnage  by  tlie  rules  of  other 
nations  and  are  not  permitted  by  the  laws  of  the  United 
States. 

This  Act  shall  not  be  construed  to  require  the  remeas-  -M"r.2, isos. 
urement  of  any  American  vessel  duly  measured  before  ''''^*  ' 
April  first,  eighteen  hundred  and  ninety-tive;  but  upon 
application  by  the  owner  of  any  such  vessel  collectors  of 
cnstoms  shall  cause  such  vessel,  or  the  spaces  to  be  de- 
ducted, to  be  measured  according  to  the  provisions  of  this 
Act,  and  if  a  new  register  is  not  issued  the  statement  of 
such  remeasurement  shall  be  attached  by  an  appendix  to 
the  outstanding  register  or  enrollment  with  a  certificate  of 
the  collector  of  customs  that  tlie  original  estimate  of  ton- 
nage is  amended  pursuant  to  this  Act. 

25.  l/esse/s  exempt  from  measurement. 

The  provisions  foregoing  relating  to  the  measurement  of   E.s.,4152. 
vessels  shall  not  be  deemed  to  apply  to  any  vessel  not 
required  by  law  to  be  registered,  or  enrolled,  or  licensed, 
unless  otherwise  specially  provided. 

26.  Measurement  of  foreign  vesse/s. 

Whenever  it  is  made  to  appear  to  the  Secretary  of  the  K.s.,4154. 
Treasury  that  the  rules  concerning  the  measurement  for  Aug. 5,1882. 
tonnage  of  vessels  of  the  United  States  have  been  sub- 
stantially adopted  by  the  government  of  any  foreign  coun- 
try, he  may  direct  that  the  vessels  of  such  foreign  country 
be  deemed  to  be  of  the  tonnage  denoted  in  their  certificates 
of  register  or  other  national  papers,  and  thereupon  it  shall 
not  be  necessary  for  such  vessels  to  be  remeasured  at  any 
port  in  the  United  States;  and  when  it  shall  be  necessary 
to  ascertain  the  tonnage  of  any  vessel  not  a  vessel  of  the 
United  States,  the  said  tonnage  shall  be  ascertained  in 
the  manner  provided  by  law  for  the  measurement  of  vessels 
of  the  United  States. 


Sec.  2. 


Part  III.— DOCUMENTS  OF  VESSELS. 


27.  Carpenter's  certificate. 

28.  Oath  of  owner. 

29.  Master's  oath  of  citizenship. 

30.  Place  of  registry. 

31.  Form  of  rejiister. 

32.  Custody  and  surrender  of  register. 

33.  Registers  to  corporations. 

34.  Change  of  owner. 

35.  Change  of  build. 

36.  Change  of  master. 

37.  Mortgage  and  bill  of  sale. 

38.  Sale  to  alien. 

39.  Loss  of  register. 

40.  Failure  to  deliver  former  register. 

41.  Cancellation  of  register. 

42.  Special  registry  law. 

43.  Change  of  trade. 

44.  Method  of  enrollment  and  license. 

45.  Oath  of  master  and  owner. 


46.  Fees. 

47.  Form  of  enrollment. 

48.  Form  of  license. 

49.  Duration  of  license. 

50.  Surrender  of  license. 

51.  Enrollment  and  license  to  corpora- 

tions. 

52.  Change  of  owner. 

53.  Change  of  master. 

54.  Certification  by  customs  officer. 

55.  Enrollment  outside  of  district. 

56.  Special    provisions    for    enrollment 

and  license. 

57.  Inspection  of  enrollment  and  license. 

58.  Record    of    American-built     vessels 

owned  by  aliens. 

59.  Offenses  against  the  registry  law. 

60.  Offenses     against     enrollment     and 

license  laws. 


27.  Carpenter's  certificate. 

K.s.,4147.  In  order  to  the  registry  of  any  vessel  built  within  the 

United  States,  it  shall  be  necessary  to  produce  a  certificate, 
under  the  hand  of  the  principal  or  master  carpenter,  by 
whom  or  under  whose  direction  the  ves.sel  has  been  built, 
testifying  that  she  was  built  by  him  or  under  his  direction, 
and  specifying  the  place  where,  the  time  when,  and  the  per- 
son for  whom,  and  describing  her  build,  number  of  deciis 
and  masts,  length,  breadth,  depth,  tonnage,  and  such  other 
circumstances  as  are  usually  descriptive  of  the  identity  of 
a  vessel;  which  certificate  shall  be  sufficient  to  authorize 
the  removal  of  a  new  vessel  from  tbe  district  where  she  may 
be  built  to  another  district  in  the  same  or  an  adjoining 
State,  where  the  owner  actually  resides,  provided  it  be  with 
ballast  only. 


R.  S.,  4U2. 


28.  Oath  of  owner. 

In  order  to  the  registry  of  any  vessel,  an  oath  shall  be 
taken  and  subscribed  by  the  owner,  or  by  one  of  the  owners 
thereof,  before  the  officer  authorized  to  make  such  registry, 
declaring,  according  to  the  best  of  the  knowledge  and  belief 
of  the  person  so  swearing,  the  name  of  such  vessel,  her 
burden,  the  place  where  she  was  built,  if  built  within  the 
United  States,  and  the  year  in  which  she  was  built;  or  that 
she  has  been  captured  in  war,  specifying  the  time,  by  a 
citizen  of  the  United  States,  and  lawfully  condemned  as 
prize,  producing  a  copy  of  the  sentence  of  condemnation, 
authenticated  in  the  usual  forms;  or  that  she  has  been 


30 


PART    III. — DOCUMENTS    OF    VESSELS.  31 

adjudged  to  be  forfeited  for  a  breach  of  the  laws  of  the 
United  States,  producing:  a  like  copy  of  the  adjudication  of 
forfeiture;  and  declaring  his  name  and  i)lace  of  abode,  and 
if  lie  be  the  sole  owner  of  the  vessel,  that  such  is  the  case; 
or  if  there  be  another  owner,  that  there  is  snch  other  owner, 
specifying  his  name  and  place  of  abode,  and  that  he  is  a 
citizen  of  the  United  States,  and  specifying  the  proportion 
belonging  to  each  owner;  and  where  an  owner  resides  in  a 
foreign  country,  in  the  capacity  of  a  consul  of  the  United 
States,  or  as  an  agent  for  and  a  partner  in  a  house  or 
copartnership  consisting  of  citizens  of  the  United  States, 
actually  carrying  on  trade  within  the  United  States,  that 
such  is  the  case,  that  the  person  so  swearing  is  a  citizen  of 
the  United  States,  and  that  there  is  no  subject  or  citizen 
of  any  foreign  prince  or  state,  directly  or  indirectly,  by  way 
of  trust,  confidence,  or  otherwise,  interested  in  such  vessel, 
or  in  the  profits  or  issues  thereof;  and  that  the  master 
thereof  is  a  citizen,  naming  the  mavSter,  and  stating  the 
means  whereby  or  manner  in  which  he  is  a  citizen. 

If  any  of  the  matters  of  fact  alleged  in  the  oath  taken  by  R.s.,4143. 
an  owner  to  obtain  the  registry  of  any  vessel,  which  within 
the  knowledge  of  the  party  so  swearing  are  not  true,  there 
shall  be  a  forfeiture  of  the  vessel,  together  with  her  tackle, 
apparel,  and  furniture,  in  respect  to  which  the  oath  shall 
have  been  made,  or  of  the  value  thereof,  to  be  recovered, 
with  the  costs  of  suit,  of  the  person  by  whom  the  oath  was 
made. 

29.  Master  s  oath  of  citizenship. 

If  the  master  of  a  vessel  is  within  the  district  where  a  R.s.,4144. 
registry  thereof  is  to  be  made,  when  application  is  made 
for  registering  the  same,  he  shall  himself,  instead  of  the 
owner,  or  of  the  agent  or  attorney,  as  hereinafter  men- 
tioned, make  oath  touching  his  being  a  citizen,  and  the 
means  whereby  or  manner  in  which  he  is  a  citizen ;  in  which 
case,  if  the  master  shall  knowingly  swear  to  anything  un- 
true, no  forfeiture  of  the  vessel,  on  account  of  such  false 
oath,  shall  be  incurred,  but  the  master  shall  be  liable  to  a 
penalty  of  one  thousand  dollars. 

30.  Place  of  registry. 

Every  vessel,  except  as  is  hereinafter  provided,  shall  be  k  s.,4141. 
registered  by  the  collector  of  that  collection  district  which 
includes  the  port  to  which  such  vessel  shall  belong  at  the 
time  of  her  registry;  which  port  shall  be  deemed  to  be  that 
at  or  nearest  to  which  the  owner,  if  there  be  but  one,  or,  if 
more  than  one,  the  husband  or  acting  and  managing  owner 
of  such  vessel,  usually  resides. 

Whenever  any  citizen  of  the  United  States  purchases  or  Rs,  415ft 
becomes  owner  of  any  vessel  entitled  to  be  registered,  such 
vessel  being  within  any  district  other  than  the  one  in  which 
he  usually  resides,  such  vessel  shall  be  entitled  to  be  regis- 
tered by  the  collector  of  the  district  where  she  may  be,  at 
the  time  of  his  becoming  owner  thereof,  ui)on  his  complying 
with  the  provisions  hereinbefore  prescribed, in  order  to  the 


32  PART    III. DOCUMENTS    OF    VESSELS. 

registry  of  vessels.  And  the  oath  which  is  required  to  be 
takeu  may,  at  the  option  of  such  owner,  be  taken  either 
before  the  collector  of  the  district  comprehending  the  port 
to  which  such  vessel  may  belong,  or  before  the  collector 
of  the  district  within  which  such  vessel  may  be,  either  of 
whom  is  hereby  empowered  to  administer  such  oath. 

R.  s.,  4160.  Whenever  any  vessel,  registered  in  pursuance  of  the  pro- 

visions of  the  preceding  section,  shall  arrive  within  the 
district  comprehending  the  port  to  which  she  belongs,  the 
certificate  of  registry,  so  obtained,  shall  be  delivered  up  to 
the  collector  of  such  district,  who  upon  the  requisites  of 
this  Title  [li.  S.,  4131-4305]  in  order  to  the  registry  of 
vessels,  being  comi)lied  with,  shall  grant  a  new  one  in  lieu 
of  the  first.  The  certificate  so  delivered  u])  shall  forth- 
with be  returned  by  the  collector  who  receives  the  same, 
to  the  collector  who  granted  it.  If  the  first-mentioned  cer- 
tificate of  registry  is  not  delivered  up,  as  above  directed, 
the  owner  and  the  master  of  such  vessel,  at  the  time  of  her 
arrival  within  the  district  comprehending  the  port  to  which 
she  may  belong,  shall  severally  be  liable  to  a  penalty  of 
one  hundred  dollars,  and  the  certificate  of  registry  shall 
be  thenceforth  void. 

K.s.,4161.  Whenever  any  vessel  entitled  to  be  registered  is  pur- 

chased by  an  agent  or  attorney  for  or  on  account  of  a 
citizen  of  the  United  States,  such  vessel  being  in  a  district 
of  the  United  States  more  than  fifty  miles  distant,  taking 
the  nearest  usual  route  by  land,  from  the  one  comprehend- 
ing the  port  to  which,  by  virtue  of  such  purchase,  and  by 
force  of  this  Title  [E.  S.,  4131-4305],  such  vessel  ought  to 
be  deemed  to  belong,  it  shall  be  lawful  for  the  collector  of 
the  district  where  such  vessel  may  be,  and  he  is  hereby 
required  upon  the  application  of  such  agent  or  attorney, 
to  proceed  to  the  registering  of  the  vessel,  the  agent  or 
attorney  first  comi)lying,  on  behalf  and  in  the  stead  of  the 
owner  thereof,  with  the  requisites  prescribed  by  this  Title 
in  order  to  the  registry  of  vessels,  except  that,  in  the  oath 
taken  by  the  agent  or  attorney,  instead  of  swearing  that  he 
is  owner  or  an  owner  of  such  vessel,  he  shall  swear  that  he 
is  agent  or  attorney  for  the  owner  thereof,  and  that  he  has, 
in  good  faith,  purchased  the  vessel  for  the  person  whom  he 
lames  and  describes  as  the  owner  thereof. 

R.  s.,4162.  Whenever  any  vessel  registered  in  pursuance  of  the  pro- 

visions of  the  i)receding  section,  shall  arrive  within  the 
district  comprehending  the  port  to  which  she  belongs, 
the  certificate  of  registry  so  obtained  shall  be  delivered  up 
to  the  collector  of  such  district,  who,  upon  the  require- 
ments of  this  Title  [R.  S.,  4131-4305]  in  order  to  the  registry 
of  vessels  being  complied  with,  shall  grant  a  new  one  in  lieu 
of  the  first.  The  certificate,  so  delivered  up,  shall  forth- 
with be  returned  to  the  collector,  who  shall  transmit  the 
same  to  the  collector  who  granted  it.  If  the  first- mentioned 
certificate  of  registry  is  not  delivered  up,  as  above  directed, 
the  owner  and  the  master  of  such  vessel,  at  the  time  of  her 
arrival  within  the  district  comprehending  the  port  to  which 
she  may  belong,  shall  severally  be  liable  to  a  penalty  of 


PART    III. DOCUMENTS   OF    VESSELS.  33 

one  buiidiod  dollars,  and  the  certificate  of  registry  shall 
be  thencetbrtli  void. 

If  any  of  the  matters  of  fact  alleged  in  the  oath  taken  n.s.,4i63. 
by  an  agent  or  attorney  to  obtain  the  registry  of  a  vessel 
which  are  witliiu  the  knowledge  of  the  ])arty  so  swearing, 
are  not  trne,  there  shall  be  a  forfeiture  of  veSvSel,  together 
with  her  tiurkle,  a|)i)arel.  and  furniture,  in  respect  to  which 
the  same  was  made,  or  of  tlie  value  thereof,  to  be  rectovered, 
with  costs  of  suit,  of  the  person  by  whom  such  oath  was 
made. 

31.     Form  of  register. 

When  the  several  matters  hereinbefore  required,  in  order  R  s.,4155 
to  the  registering  of  any  vessel,  have  been  comi)lied  with, 
the  collector  of  the  district  comprehending  the  port  to 
which  she  belongs  shall  make  and  keep  in  some  ])roper  book 
a  registry  thereof,  and  shall  grant  a  certiti(;ate  of  such  reg- 
istry, as  nearly  as  may  be,  in  the  form  following: 

In  pursuance  of  chapter  one,  Title  XLVllI,  "Regula- 
tion OF  Commerce  and  Navigation,"  of  the  Revised 
Statutes  of  the  United  States,  (inserting  here  the  name, 
occui)ation,  and  place  of  abode  of  the  person  by  whom  the 
oath  was  made),  having  taken  and  subscribed  the  oath 
required  by  law,  and  having  sworn  that  he  (or  she,  and  if 
more  than  one  owner,  adding  the  words,  "together  with," 
and  the  name  or  names,  occupation  or  occupations,  place 
or  ])laces  of  abode,  of  the  owner  or  owners,  and  the  part  or 
proi)ortion  of  such  vessel  belonging  to  each  owner)  is  (or 
are)  the  only  owner  (or  owners)  of  the  vessel  called  the 
(inserting  here  her  name),  of  (inserting  here  the  ])ort  to 
which  she  may  belong),  whereof  (inserting  here  the  name 
of  the  master)  is  at  ])resent  master,  and  is  a  citizen  of  the 
United  States,  and  that  the  said  vessel  was  (inserting  here 
when  and  where  built),  and  (inserting  here  the  name  and 
oftice,  if  any,  of  the  person  by  whom  she  shall  have  been 
surveyed  or  measured)  having  certified  that  the  said  ves- 
sel has  (inserting  here  the  number  of  decks)  and  (insert- 
ing here  the  number  of  masts),  and  that  her  lengtli  is 
(inserting  here  the  number  of  feet),  her  breadth  (in.serting 
here  the  number  of  feet),  her  depth  (inserting  here  the  num- 
ber of  feet),  and  that  she  measures  (inserting  here  her  num- 
ber of  tons) ;  that  she  is  (describing  here  the  ])articular  kind 
of  vessel,  whether  ship,  brigantine,  snow,  schooner,  sloop, 
or  whatever  else,  together  with  her  build,  and  specifying 
whether  she  has  any  or  no  gallery  or  head);  and  the  said 
(naming  the  owner,  or  the  master,  or  other  i)erson  acting 
in  behalf  of  the  owner  or  owners,  by  whom  the  certificate 
of  measurement  has  been  countersigned,  as  aforesaid)  hav- 
ing agreed  to  the  descrii)tion  and  measurement  above  Jan. lo  1895. 
specified,  according  to  law,  the  said  vessel  has  been  duly 
registered  at  the  port  of  (naming  the  poit  where  registered). 
Given  under  mj'  hand  and  seal,  at  (naming  the  said  port), 
this  (inserting  the  particular  day)  day  of  (naming  the 
month),  in  the  year  (specifying  the  number  of  the  year,  iu 
words,  at  lengtli). 

NAV  99,  PT  2 3 


34  PART    III. DOCUMENTS    OF    VESSELS. 

R.  s.,  4156.  When  the  master  of  such  vessel  himself  makes  oath  touch- 

ing his  being"  a  (dtizen,  the  wording  of  the  certificate  shall 
be  varied  so  as  to  be  conformable  to  the  truth  of  the  case. 
Where  a  new  certificate  of  registry  is  granted  in  conse- 
quence of  any  transfer  of  a  vessel,  the  words  shall  be  so 
varied  as  to  refer  to  the  former  certificate  of  registry  for 
her  measurement. 

R.s.,4i76,  rpjjg  collector  of  each  district  shall  progressively  number 

the  certificates  of  the  registry  by  him  granted,  beginning 
anew  at  the  commencement  of  each  year,  and  shall  enter 
an  exact  copy  of  each  certificate  in  a  book  to  be  kept  for 
that  purpose;  and  shall,  once  in  three  months,  transmit 

juiy5,i?84.  ^^  ^ijg,  Commissioner  of  Navigation  copies  of  all  the  certifi- 
cates which  shall  have  been  granted  by  him,  including  the 
number  of  each. 

R.  s.,  4157.  It  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to 

cause  to  be  jirovided  blank  certificates  of  registry,  and 
such  other  papers  as  may  be  necessary,  executed  in  such 
manner  and  with  such  marks  as  he  may  direct.  No  certifi- 
cate of  registry  shall  be  issued,  except  such  as  shall  have 
been  so  provided  and  marked. 

R.s.,4158.  rpjig  Secretary  of  the  Trcasury  shall  cause  to  be  trans- 

mitted, from  time  to  time,  to  the  collectors  of  the  several 
districts,  a  sufficient  number  of  forms  of  the  certificates 
of  registry,  attested  under  the  seal  of  the  Treasury  and 

July  5, 1884.  the  liaud  of  the  Commissioner  of  Navigation,  with  proper 
blanks,  to  be  filled  by  the  collectors,  resi)ectively,  by  whom 
also  the  certificates  shall  be  signed  and  sealed,  before  they 
are  issued ;  and  where  there  is  a  naval  officer  at  any  port, 
they  shall  be  countersigned  by  him;  and  where  there  is 
a  surveyor,  but  no  naval  officer,  they  shall  be  counter- 
signed by  him,  A  copy  of  each  certificate  issued  shall  be 
transmitted  to  the  Commissioner  of  Navigation,  who  shall 
cause  a  record  to  be  kept  of  the  same. 

32.  Custody  and  surrender  of  register. 

R.s.,4146.  ^  certificate  of  registry  shall  be  solely  used  for  the  ves- 

jan.16, 1895.  gel  for  which  it  is  granted,  and  shall  not  be  sold,  lent,  or 
otherwise  disi)osed  of,  to  any  jierson  whomsoever;  and  in 
case  the  vessel  so  registered  shall  be  lost,  or  taken  by  an 
enemy,  burned,  or  broken  up,  or  shall  be  otherwise  pre- 
vented Irom  returning  to  the  port  to  which  she  may  belong, 
the  certificate,  if  preserved,  shall  be  delivered  up  within 
eight  days  after  the  arrival  of  the  master  or  person  having 
the  charge  or  command  of  such  vessel  within  any  district  of 
the  United  States,  to  the  collector  of  such  district;  and  if 
any  foreigner,  or  any  person  for  the  use  and  benefit  of  such 
foreigner,  shall  purchase  or  otherwise  become  entitled  to 
the  whole,  or  any  j)art  or  share  of,  or  interest  in  such  ves- 
sel, the  same  being  within  a  district  of  the  United  States, 
the  certificate  shall,  within  seven  days  after  such  purchase, 
change,  or  transfer  of  property,  be  delivered  up  to  the  col- 
lector of  the  district;  and  if  any  such  purchase,  change, 
or  transfer  of  property  shall  happen  when  such  vessel  shall 
De  at  any  foreign  port  or  place,  or  at  sea,  then  the  master 


PART   III. — DOCUMENTS    OF    VESSELS.  35 

or  person  having  the  charge  or  commaud  thereof  shall, 
within  eight  days  after  his  arrival  within  any  district  of  the 
United  States,  deliver  uj)  the  certificate  to  the  collector  of 
such  district.  Any  master  or  owner  violating  the  i)rovi- 
sions  of  this  section  shall  be  liable  to  a  penalty  of  not  exceed- 
ing five  hundred  dollars,  and  the  certiticate  of  registry 
shall  be  thenceforth  void.  The  Hecretaiy  of  the  Treas- 
ury shall  have  the  i)ower  to  remit  or  mitigate  such  penalty 
if  in  his  opinion  it  was  incurred  without  willful  negligence 
or  intention  of  fraud. 

33.  Registers  to  corporations. 

Kegisters  for  vessels  owned  by  any  in(;orporated  com-    k  s.,4137. 
pany  may  be  issued  in  the  name  of  the  ])resident  or  secre- 
tary of   such  company;    and  such  legister  shall  not   be 
vacated  or  affected  by  sales  of  any  shares  of  stock  in  such 
company. 

Upon  the  death,  removal,  or  resignation  of  such  presi-    k.s.,4138. 
dent  or  secretary  of  any  incorporated  company  owning  any 
vessel,  a  new  register  shall  be  taken  out  for  such  vessel. 

Previously  to  granting  a  register  for  any  vessel,  owned  k-s.,4139. 
by  any  company,  the  president  or  secretary  thereof  shall 
swear  to  the  ownership  of  the  vessel,  by  such  company, 
without  designating  tlie  names  of  the  persons  composing 
tlie  company;  and  the  oath  shall  be  deemed  sufficient, 
without  requiring  the  oath  of  any  other  jierson  interested 
or  concerned  in  such  vessel. 

34.  Change  of  owner. 

Whenever  it  appears,  by  satisfactory  proof,  to  the  Commis-    ^^-  s-.  4ifi4. 
sioner  of  Navigation  that  any  vessel  has  been  sold  and  trans-    J"iy  s,  i8S4. 
ferred  by  process  of  law,  and  that  the  register  of  sucli  vessel    ^^c.  2. 
isretained  by  the  former  owner,  the  Commissioner  may  direct 
the  collector  of  the  district  to  which  such  vessel  may  belong 
to  grant  a  new  register,  under  such  sale,  on  the  owners  com- 
plying with  such  terms  and  conditions  as  are  by  law  re- 
quired for  granting  such  papers;  excepting  only  the  deliv- 
ering up  of  the  former  certificate  of  registry.     But  nothing 
in  this  section  shall  be  construed  to  remove  the  liability  of 
any  person  to  any  penalty  for  not  surrendering  the  pai)ers 
belonging  to  any  vessel,  on  a  transfer  or  sale  of  the  same. 

When  any  vessel,  registered  pursuant  to  any  law  of  the  Ks.,4i()r.. 
United  States,  shall,  while  she  is  without  the  limits  of 
the  United  States,  be  sold  or  transferred  in  whole  or  in 
part  to  a  citizen  of  the  United  States,  such  vessel  on  her 
first  arrival  in  the  United  States  thereafter,  shall  be  enti- 
tled to  all  the  privileges  and  benefits  of  a  vessel  of  the 
United  States  :  Frorided,  That  all  the  requisites  of  law,  in 
order  to  the  registry  of  vessels,  shall  be  complied  with, 
and  a  new  certificate  of  registry  obtained  for  such  vessel, 
within  three  days  from  the  time  at  which  the  master  or 
other  person  having  the  charge  or  command  of  such  ves- 
sel is  required  to  make  his  final  report  upon  her  first  arrival 
afterw^ard. 


36  PART    III. DOCUMENTS    OF    VESSELS. 

35.  Change  of  build. 

R.s.,4170.  Whenever  auy  vessel,  which  has  been  registered,  is,  in 

whole  or  in  part,  sold  or  transferred  to  a  citizen  of  the 
United  States,  or  is  altered  in  form  or  burden,  by  being 
lengthened  or  built  upon,  or  from  one  denomination  to 
another,  by  the  mode  or  method  of  rigging  or  fitting,  the 
vessel  shall  be  registered  anew,  hy  her  former  name,  accord- 
ing to  the  directions  hereinbefore  contained,  otherwise  she 
shall  cease  to  be  deemed  a  vessel  of  the  United  States. 
The  former  certificate  of  registry  of  such  vessel  shall  be 
delivered  up  to  the  collector  to  whom  application  for  such 
new  registry  is  made,  at  the  time  that  the  same  is  made,  to 

July  5, 1884.  y^^  |^y  j^j^^^  transmitted  to  the  Commissioner  of  Navigation, 
who  shall  cause  the  same  to  be  canceled.  In  every  such 
case  of  sale  or  transfer,  there  shall  be  some  instrument  of 
writing,  in  the  nature  of  a  bill  of  sale,  which  shall  recite, 
at  length,  the  certificate;  otherwise  the  vessel  shall  be 
incapable  of  being  so  registered  anew. 

36.  Change  of  master. 

K.s.,4171.  "When  the  master  or  person  having  the  charge  or  com- 

mand of  a  registered  vessel  is  changed,  the  owner,  or  one 
of  the  owners,  or  the  new  master  of  such  vessel,  shall 
report  such  change  to  the  collector  of  the  district  where 
the  same  has  happened,  or  where  the  vessel  shall  first  be 
after  the  same  has  happened,  and  shall  produce  to  him  the 
certificate  of  registry  of  such  vessel,  and  shall  nialie  oath, 
showing  that  such  new  master  is  a  citizen  of  the  United 
States,  and  the  manner  in  which  or  means  whereby  he  is 
so  a  citizen.  Thereupon  the  collector  shall  indorse  upon 
the  certificate  of  registry  a  memorandum  of  such  change, 
specifying  the  name  of  such  new  master,  and  shall  sub- 
scribe the  memorandum  with  his  name;  and  if  other  than 
the  collector  of  the  district  by  m  hom  the  certificate  of  reg- 
istry was  granted,  shall  transmit  a  copy  of  the  memoran- 
dum to  him,  with  notice  of  the  i)articular  vessel  to  which 
it  relates;  and  the  collector  of  the  district,  by  whom  the 
certificate  shall  have  been  granted,  shall  make  a  like  mem- 
orandum of  such  change  in  his  book  of  registers,  and  shall 
July  5, 1884.  transmit  a  copy  thereof  to  the  Commissioner  of  Naviga- 
^^^■'^-  tion.     If  the  change  is  not  reported,  or  if  the  oath  is  not 

taken,  as  above  directed,  tlie  registry  of  such  vessel  shall 
be  void,  and  the  master  or  person  having  the  charge  or 
command  of  her  shall  be  liable  to  a  penalty  of  one  hundred 
dollars. 

37.  Mortgage  and  bill  of  sale. 

K.s,  4192.  '^o  bill  of  sale,  mortgage,  hypothecation,  or  conveyance 

of  any  vessel,  or  part  of  any  vessel,  of  the  United  States, 
snail  be  valid  against  any  person  other  than  the  grantor  or 
mortgagor,  his  heirs  and  devisees,  and  persons  having 
actual  notice  thereof,  unless  such  bill  of  sale,  mortgage, 
hypothecation,  or  conveyance  is  recorded  in  the  oflice  of 
the  collector  of  the  customs  where  such  vessel  is  registered 
or  enrolled.    The  lien  by  bottomry  on  any  vessel,  created 


PART    IIT. DOCUMENTS    OF    VESSELS.  37 

during  her  voyage,  by  a  loan  of  money  or  materials  neces- 
sary to  repair  or  enable  her  to  ])rosecute  a  voyage,  shall 
not,  however,  lose  its  i)rionry,  or  bo  in  any  way  afl'eeted  by 
the  provisions  of  this  section. 

The  collectors  of  the  customs  shall  record  all  such  bills  ks.  4i!»;j. 
of  sale,  mortgages,  hyi)othecati()ns,  or  conveyances,  and, 
also,  all  certificates  for  discharging  and  canceling  any  such 
conveyances,  in  books  to  be  kept  for  that  ])urpose,  in  the 
order  of  their  reception;  noting  in  such  books,  and  also 
on  the  bill  of  sale,  mortgage,  hypotiiecation,  or  conveyance, 
the  time  when  tht.  same  was  received;  and  shall  certify  on 
the  bill  of  sale,  mortgage,  hypothecation,  or  conveyance,  or 
certificate  of  discharge  or  cancellation,  Ihe  number  of  the 
book  and  page  where  recorded;  but  no  bill  of  sale,  mort-  Juueio.issa. 
gage,  hypothecation,  conveyance,  or  discharge  of  mortgage 
or  other  incumbrance  of  any  vessel,  .shall  be  recorded,  unless 
the  same  is  duly  acknowledged  before  a  notary  [)ublic  or 
other  officer  authorized  to  take  acknowledgment  of  deeds. 

The  collectors  of  the  customs  shall  keep  an  index  of  such  r.  s.,  4194. 
records,  inserting  alphabetically  the  names  of  the  vendor 
or  mortgagor,  and  of  the  i)urchaser  or  mortgagee,  and  shall 
permit  such  index  ami  books  of  records  to  be  inspected 
during  office  hours,  under  such  reasonable  regulations  as 
they  may  establish,  and  shall,  when  required,  furnish  to 
any  person  a  certificate,  setting  forth  the  names  of  the 
owners  of  any  vessel  registered  or  enrolled,  the  parts  or 
proportions  owned  by  each,  if  inserted  in  tlie  register  or 
enrollment,  and  also  the  material  facts  of  any  existing  bill 
of  sale,  mortgage,  hypothecation,  or  other  incumbrance 
upon  such  vessel,  recorded  since  the  issuing  of  the  last 
register  or  enrollment,  viz,  the  date,  amount  of  such  incum-  jimo  19, 1886. 
brance,  and  from  and  to  whom  or  in  whose  favor  made. 

The  collectors  of  the  customs  shall  furnish  certified  copies    1:  ^ .  4195. 
of  such  records,  on  the  receipt  of  fifty  cents  for  each  bill  of 
sale,  mortgage,  or  other  conveyance. 

All  bills  of  sale  of  vessels  registered  or  enrolled,  shall  set    k.  s.,4i96. 
forth  the  part  of  the  vessel  owned  by  each  person  selling, 
and  the  part  conveyed  to  each  person  purchasing. 

38.  Safe  to  alien. 

If  any  vessel  registered  as  a  vessel  of  the  United  States  k.s-,4172. 
shall  be  sold  or  transferred,  in  whole  or  in  part,  by  way 
of  trust,  confidence,  or  otherwise,  to  a  subject  or  citizen  of 
any  foreign  prince  or  state,  and  such  sale  or  transfer  shall 
not  be  made  known,  as  hereinbefore  directed,  such  vessel, 
together  with  her  tackle,  apparel,  and  furniture,  shall  be 
forfeited.  If  such  vessel,  however,  be  so  owned  in  i)art 
only,  and  it  is  made  to  appear  to  the. jury  before  whom  the 
trial  for  such  forfeiture  is  had,  that  any  other  owner  of  such 
vessel,  being  a  citizen  of  tlie  United  States,  was  wholly 
ignorant  of  the  sale  or  transfer  to  or  ownership  of  such 
foreign  subject  or  citizen,  the  share  or  interest  of  such  citi- 
zen of  the  United  States  shall  not  be  subject  to  such  for- 
feiture, and  the  residue  only  shall  be  so  forfeited. 


15899? 


38  PART    III. DOCUMENTS    OF    VESSELS. 

39.  Loss  of  register. 

R.s.,4167.  Whenever  the  certificate  of  the  registry  of  any  vessel  is 

lost,  destroyed,  or  mislaid,  the  master,  or  other  person  hav- 
ing" the  charge  or  command  thereof,  may  make  oath  before 
the  collector  of  the  district  where  such  vessel  shall  first  be 
after  such  loss,  destruction,  or  mislaying,  in  the  form  follow- 
ing: "I,  (inserting  here  the  name  of  the  person  swearing), 
being  master  (or  having  the  charge  or  command)  of  the  ship 
or  vessel  called  the  (inserting  the  name  of  the  vessel),  do 
swear  (or  affirm)  that  the  said  vessel  hath  been,  as  I  verily 
believe,  registered  according  to  law,  by  the  name  of  (insert- 
ing again  the  name  of  the  vessel),  and  that  a  certificate 
thereof  was  granted  by  the  collector  of  the  district  of  (nam- 
ing the  district  where  registered),  which  certificate  has 
been  lost  (or  destroyed,  or  unintentionally  and  by  mere 
accident  mislaid,  as  the  case  may  be);  and  (except  where 
the  certificate  is  alleged  to  have  been  destroyed)  that  the 
same,  if  found  again,  and  within  my  power,  shall  be  deliv- 
ered up  to  the  collector  of  the  district  in  which  it  was 
granted."  Such  oath  shall  be  subscribed  by  the  party 
making  the  same;  and  upon  such  oath  being  made,  and  the 
other  requisites  of  this  Title  [R.  S.,  41:31-4305]  in  order  to 
the  registry  of  vessels  being  comiDlied  with,  it  shall  be  law- 
ful for  the  collector  of  the  district  before  whom  such  oath 
is  made,  to  grant  a  new  register,  inserting  therein  that  the 
same  is  issued  in  lieu  of  the  one  lost  or  destroyed. 

R.s.,4168.  Whenever  a  register  is  granted  in  lieu  of  one  lost  or 

destroyed,  by  any  other  than  the  collector  of  the  district  to 
which  the  vessel  actually  belongs,  such  register  shall, 
within  ten  days  after  her  first  arrival  within  the  district 
to  which  she  belongs,  be  delivered  up  to  the  collector  of 
such  district,  who  shall,  tliereupon,  grant  a  new  register  in 
lieu  thereof  And  in  case  the  master  or  commander  shall 
neglect  to  deliver  up  such  register  within  the  time  above 
mentioned,  he  shall  be  liable  to  a  penalty  of  one  hundred 
dollars;  and  the  former  register  shall  become  null  and  void. 

40.  Failure  to  deliver  former  register. 

R.  s.,  4169.  Xn  every  case  in  which  a  vessel  is  required  to  be  registered 

anew,  if  she  shall  not  be  so  registered  anew,  she  shall  not 
be  entitled  to  any  of  the  privileges  or  benefits  of  a  vessel 
of  the  United  States.  And  if  her  former  certificate  of  reg- 
istry is  not  delivered  up,  except  where  the  same  may  have 
been  destroyed,  lost,  or  unintentionally  mislaid,  and  an  oath 
thereof  shall  have  been  made,  as  hereinbefore  prescribed, 
the  owner  of  such  vessel  shall  be  liable  to  a  penalty  of  five 
hundred  dollars,  to  be  recovered,  with  costs  of  suit. 

41.  Cancellation  of  register. 

It.  s.,  4174.  Every  certificate  of  registry  which  is  delivered  up  to  a 

collector  on  the  loss,  destruction,  or  capture  of  a  vessel,  or 
the  transfer  thereof  to  a  foreigner,  shall  be  forthwith  trans- 

Juiy5,i884.     mittcd  to  the  Commissioner  of  Navigation  to  be  canceled; 

Sec.  2.  who,  if  the  same  shall  have  been  delivered  up  to  a  collector 


PART    III. DOCUMENTS    OF    VKSSELS.  39 

other  than  of  tlie  district  in  whioli  it  was  jxranted,  sliall 
canse  notice  of  such  delivery  to  be  given  to  the  collector  of 
such  district. 

Whenever  the  master  or  owner  of  a  vessel  shall  deliver  i;.  S..4175. 
up  the  register  of  such  vessel,  agreeably  to  the  provisions 
of  this  Title  [K.  S.,  4131-4305],  if  to  the  collector  of  the 
district  where  the  same  was  granted,  the  collector  shall 
theieupon  cancel  the  bond  which  shall  have  been  given  at  jiui. lo.isos. 
the  time  of  granting  such  register;  or  if  to  the  collector  of 
any  other  district,  such  collector  shall  grant  to  the  master, 
commander,  or  owner,  a  receipt  or  acknowledgment  that 
such  register  has  been  delivered  to  him,  and  the  time  when ; 
and  upon  such  receipt  being  produced  to  the  collector  by 
whom  the  register  was  granted,  he  shall  cancel  the  bond 
of  the  party,  as  if  the  register  had  been  returned  to  him. 
[Note. — Bonds  abolished  -lanuary  IG,  1895.  This  section 
applies  only  to  outstanding  bonds.] 

42.  Special  registry  law. 

The  Secretary  of  the  Treasury  is  hereby  authorized  and  k.s.,413i. 
directed  to  grant  registers,  as  vessels  of  the  United  States,  ^.-ly  lo.isoa. 
to  such  foreign-built  steamships  now  engaged  in  freight  '^'^'^^^^ 
and  ])assenger  business,  and  sailing  in  an  established  line 
from  a  jiort  in  the  United  States,  as  are  of  a  tonnage  of 
not  less  than  eight  thousand  tons,  and  capable  of  a  speed 
of  not  less  than  twenty  knots  per  hour,  according  to  the 
existing  method  of  Government  test  for  speed,  of  which 
not  less  than  ninety  per  centum  of  the  shares  of  the  capital 
of  the  foreign  corporation  or  association  owning  the  same* 
was  owned  January  first,  eighteen  hundred  and  ninety, 
and  has  continued  to  be  owned  until  the  passage  of  this 
act  by  citizens  of  the  United  States,  including  as  such 
citizens  corporations  created  under  the  laws  of  any  of  the 
States  thereof,  upon  the  American  owners  of  such  majority 
interest  obtaining  a  full  and  complete  transfer  and  title  to 
such  steamships  from  the  foreign  corporaticms  owning  the 
same:  Provided,  That  such  American  owners  shall,  subse- 
quent to  the  date  of  this  law,  have  built,  or  have  con- 
tracted to  build,  in  American  shipyards,  steamshii)S  of  an 
aggregate  tonnage  of  not  less  in  amount  than  that  of  the 
steamships  so  admitted  to  registry.  Each  steanishij)  so 
built  or  contracted  for  to  be  of  a  tonnage  of  not  less  than 
seven  thousand  tons. 

The  Secretary  of  the  Treasury,  on  being  satisfied  that  sec.  a. 
such  steamships  so  acquired  by  American  citizens,  or  by 
such  corporation  or  corporations  as  above  set  forth,  are 
such  as  come  within  the  provisions  of  this  act,  and  that 
the  American  owners  of  such  steamships,  for  which  an 
American  registry  is  to  be  granted  under  the  provisiims 
hereof,  have  built  or  contracted  to  l/uild  in  American  ship- 
yards steamships  of  an  aggregate  tonnage  as  set  forth  in 
the  first  section  hereof,  sliall  direct  the  bills  of  sale  or 
transfer  of  the  foreign-built  steamships  so  aciiuired  to  be 
recorded  in  the  oftice  of  the  collector  of  customs  of  the 


40  PART    III. — DOCUMENTS    OF    VESSELS. 

proper  collection  district,  and  cause  such  steamships  to  be 
registered  as  vessels  of  the  United  States  by  said  collector. 
After  which,  each  of  such  vessels  shall  be  entitled  to  all 
the  rights  and  privileges  of  a  vessel  of  the  United  States, 
except  that  it  shall  not  be  employed  in  the  coastwise  trade 
of  the  United  States. 

Sec.  3.  'So  further  or  other  inspection  shall  be  required  for  the 

said  steamship  or  steamships  than  is  now  required  for 
foreign  steamships  carrying  passengers  under  the  exist- 
ing laws  of  the  United  States,  and  a  special  certificate  of 
inspection  may  be  issued  for  each  steamship  registered 
under  this  act;  and  before  issuing  the  registry  to  any  such 
steamship  as  a  vessel  of  the  United  States  the  collector  of 
customs  of  the  proper  collection  district  shall  cause  such 
steamship  to  be  measured  and  described  in  accordance 
with  the  laws  of  the  United  States,  which  measurement 
and  description  shall  be  recited  in  the  certificate  of  registry 
to  be  issued  under  this  act. 

^^'^'  *■  Any  steamship  so  registered  under  the  provisions  of  this 

act  may  be  taken  and  used  by  the  United  States  as  cruisers 
or  transports  upon  payment  to  the  owners  of  the  fair  actual 
value  of  the  same  at  the  time  of  the  taking,  and  if  there 
shall  be  a  disagreement  as  to  the  fair  actual  value  at  the 
time  of  taking  between  the  United  States  and  the  owners, 
then  the  same  shall  be  determined  by  two  impartial 
appraisers,  one  to  be  appointed  by  each  of  said  parties, 
who,  in  case  of  di»sagreement,  shall  select  a  third,  the 
award  of  any  two  of  the  three  so  chosen  to  be  final  and 
conclusive. 

[XoTE. — The  ai)plication  of  this  act  was  limited  to  the 
Netv  Yorlc  and  Paris.^ 

43.  Change  of  trade. 

E.s.,4322,  The  collectors  of  the  several  districts  may  enroll  and 

license  any  vessel  that  may  be  registered,  upon  such  regis- 
try being  given  up,  or  may  register  any  vessel  that  may  be 
enrolled,  upon  such  enrollment  and  license  being  given  up. 

E.s.,4323.  When  any  vessel  shall  be  in  any  other  district  than  the 

one  to  which  she  belongs,  the  collector  of  such  district,  on 
the  application  of  the  master  thereof,  and  upon  his  taking 
an  oath  that,  according  to  his  best  knowledge  and  belief, 
the  property  remains  as  expressed  in  the  register  or  enroll- 

jan.16, 1895.  mcut  proposcd  to  be  given  up,  shall  make  the  exchange  of 
an  enrollment  for  a  register  or  a  register  for  an  enrollment; 
but  in  every  such  case,  the  collector  to  whom  the  register 
or  enrollment  and  license  may  be  given  up  shall  transmit 

July 5, 1884.  ^^^  saiuc  to  the  Commissioner  of  Navigation;  and  the  reg- 
ister, or  enrollment  and  license,  granted  in  lieu  thereof, 
shall,  within  ten  days  after  the  arrival  of  such  vessel  within 
the  district  to  which  she  belongs,  be  delivered  to  the  col- 
lector of  the  district,  and  be  by  him  canceled.  If  the  mas- 
ter shall  neglect  to  deliver  the  register  or  enrollment  and 
license  within  such  time,  he  shall  be  liable  to  a  penalty  of 
one  hundred  dollars. 


PART    III. DOCUMENTS    OF    VESSELS.  41 

44.  Method  of  enrollment  and  license. 

Ill  order  for  the  eiirolliiieiit  of  anj'  vessel,  she  shall  pos-  ks.,  4:112. 
sess  the  same  qualiticatioiis,  and  the  same  re(iuiiemeiits  in 
all  respects  shall  be  complied  with,  as  are  required  before 
registering  a  vessel;  and  the  same  powers  and  duties  are 
conferred  and  imjiosed  u])()n  all  officers,  respectively,  and 
the  same  proceedings  shall  be  had,  in  enrollment  of  ves- 
sels, as  are  j)rescril)ed  for  sin)ilar  cases  in  registering;  and 
vessels  enrolled,  with  tlie  masters  or  owners  thereof,  shall 
be  subject  to  the  same  requirements  as  are  prescribed  for 
registered  vessels. 

45.  Oath  of  master  and  owner. 

No  licensed  vessel  shall  be  employed  in  any  trade  whereby  ^  s.,4320. 
the  revenue  laws  of  the  United  States  shall  be  defrauded. 
The  master  of  eveiy  such  vessel  shall  swear  that  he  is  a  citi- 
zen of  the  United  States,  and  that  such  license  shall  not  be 
used  for  any  other  vessel  or  any  other  employment  than 
that  for  which  it  was  specially  granted,  or  in  any  trade  or 
business  whereby  the  revenue  of  the  United  States  may  be 
defrauded;  and  if  such  vessels  be  less  than  twenty  tons 
burden,  the  husband  or  managing  owner  sliall  swear  that 
she  is  wholly  the  property  of  citizens  of  the  United  States; 
whereupon  it  shall  be  the  duty  of  the  collector  of  the  dis- 
trict comprehending  the  port  whe..eto  such  vessel  may  belong 
to  grant  a  license.  Any  master  or  owner  violating  the  pro-  ^|^"  ,|^' ^^^^' 
visions  of  this  section  shall  be  liable  to  the  penalty  of  two 
hundred  dollars,  in  addition  to  any  other  penalty  imposed 
by  law.  The  Secretary  of  the  Treasury  shall  have  ])ower 
to  remit  or  mitigate  any  such  penalty  if  in  his  opinion  it 
was  incurred  without  negligence  or  intention  of  fraud. 

46.  Fees. 
All  vessels  subject  to  enrollment  or  license  shall  be  liable    '^-  ^•'  "'^^^ 


Sec.  5. 


to  the  payment  of  the  fees  established  by  law  for  services 
of  customs  ofllicers  incident  thereto.     [See  i)aragraph  425>.] 


June  19,  1886. 


47.  Form  of  enrollment. 

The  record  of  the  enrollment  of  a  vessel  shall  be  made,  ^  s.,43in. 
and  an  abstract  or  copy  thereof  granted,  as  nearly  as  may 
be  in  the  following  form:  |"]  Enrollment.  In  conformity 
to  Title  L,  [li.  S.  4311-431)0J  '  Kegflation  of  vessels  in 
DOMESTIC  COMMERCE,'  of  the  Keviscd  Statutes  of  the 
United  States,  (inserting  here  the  name  of  the  person,  with 
Ins  occupation  and  place  of  abode,  by  whom  the  oath  or 
affirmation  is  to  be  made,)  having  taken  and  subscribed  the 
oath  (or  aiifirmation)  required  bylaw,  and  having  sworn  (or 
affirmed)  that  he  (or  she,  and  if  more  than  one  owner  adding 
the  words  'together  with,'  and  the  name  or  names,  occupa- 
tion or  occupations,  place  or  places  of  abode[,|  of  the  owner 
or  owners,  and  the  jiartor  jiroportion  of  such  vessel  belong- 
ing to  each  owner)  is  (or  are)  a  citizen  (or  citizens)  of  the 
United  States,  and  sole  owner  (or  owners)  of  the  ship  or 
vessel  called  the  (inserting  here  her  name),  of  (inserting 


42  PART    in. DOCUMENTS    OF    VESSELS. 

here  the  name  of  the  port  to  which  she  may  belong), 
wliereof  (inserting  here  the  name  of  the  master)  is  at  pres- 
ent master,  and  is  a  citizen  of  the  United  States,  and  that 
the  said  ship  or  vessel  was  (inserting  here  when  and  where) 
bnilt,  and  (inserting  here  the  name  and  office,  if  any,  of 
the  person  by  wliom  she  shall  have  been  surveyed  and 
measured),  having  certified  that  the  said  ship  or  vessel  has 
(inserting  here  the  number  of  decks),  and  (inserting  here 
the  number  of  masts),  and  that  her  length  is  (inserting 
here  the  number  of  feet),  her  breadth  (inserting  here  the 
number  of  feet),  her  depth  (inserting  here  the  number  of 
feet),  and  that  she  measures  (inserting  here  her  number  of 
tons);  that  she  is  (describing  here  the  particular  kind 
of  vessel,  whether  ship,  brigaiitiue,  snow,  scliooner,  sloop, 
or  whatever  else,  together  with  her  build,  and  specifying 
whether  she  has  any  or  no  gallery  or  head),  and  the  said 
(naming  the  owner  or  the  master,  or  other  person  acting  in 
behalf  of  the  owner  or  owners,  by  whom  the  certificate 
of  measurement  shall  have  been  countersigned),  having 
agreed  to  the  description  and  measurement  above  specified, 
according  to  the  said  Title,  the  said  ship  or  vessel  has  been 
jaii.16, 1895.  duly  enrolled  at  the  port  of  (naming  the  port  where 
enrolled).  Given  under  my  hand  and  seal,  at  (naming  the 
said  port),  this  (inserting  the  particular  day)  day  of  (nam- 
ing the  month),  in  the  year  (specifying  the  number  of  the 
year,  in  words,  at  length)." 

48.  Form  of  license. 

R.s.,4321.  The  form  of  a  license  for  carrying  on  the  coasting-trade 

or  fisheries  shall  be  as  follows: 

"License  for  carrying  on  the  (here  insert  'coasting 
trade,'  'whale  fishery,'  'mackerel-fishery,' or  'cod-fishery,' 
as  the  case  may  be). 

"InpursuanceofTitleL  [R.  S.,  4311-4390], '  REGULATION 
OF  VESSELS  IN  DOMESTIC  COMMERCE,'  of  the  Rcviscd  Stat- 
utes of  the  United  States,  (inserting  here  the  name  of  the 
husband  or  managing  owner,  with  his  occupation  and  place 
of  abode,  and  the  name  of  the  mastei,  with  the  place  of  bis 

jau.16.1895.  abodc),  haviiig  [given bond]  thatihe(insert  herethedescrip- 
tion  of  the  vessel,  whether  shq),  brigantme,  snow,  schooner, 
sloop,  or  whatever  else  she  may  be),  called  the  (insert  here 
the  vessel's  name),  whereof  the  said  (naming  the  master)  is 
master,  burden  (insert  here  the  number  of  tons,  in  words) 
tons,  as  api)ears  by  her  enrollment,  dated  at  (naming  the 
district,  day,  month  and  year,  in  words  at  length,  but  if 
she  be  less  than  twenty  tons,  insert,  instead  thereof,  'proof 
being  had  of  her  admeasurement')  shall  not  be  employed 
in  any  trade,  while  this  license  shall  continue  in  force, 
whereby  the  revenue  of  the  United  States  shall  be 
defrauded,  and  having  also  sworn  (or  affirmed)  that  this 
license  shall  not  be  used  for  any  other  vessel,  or  for  any 
other  employment,  than  is  herein  si)ecified,  license  is  hereby 
granted  for  the  said  (inserting  here  the  description  of  the 
vessel)  called  the  (inserting  here  the  vessel's  name,)  to  be 
emi)loyed   in   carrying  on  the  (inserting  here  'coasting- 


PART    III. DOCUMENTS    OF    VESSELS.  43 

trade,'  'whale  fishery,'  'mackerel-fishery,'  or  'cod-fishery', 
as  the  case  may  be),  for  one  year  from  the  date  hereof,  and 
no  longer.  Given  under  my  hand  and  seal  at  (naming  the 
said  district),  this  (inserting  the  particular  day),  day  of 
(naming  the  month),  in  the  year  (specifying  the  number  of 
the  year  in  words  at  length)."  j  Bonds  abolished  Jan.  10, 
1895. 1 

The  collector  of  each  district  shall  progressively  number  u.s.,4333. 
the  licenses  by  him  granted,  beginning  anew  at  the  com- 
menceuieut  of  each  year,  and  shall  make  a  record  thereof 
in  a  book,  to  be  by  liim  kept  for  that  i)nrpose,  and  shall, 
once  in  three  months,  transnut  to  the  Commissioner  of  juiy  5,1884. 
Navigation  copies  of  the  licenses  which  shall  have  been  so 
granted  by  him;  and  also  of  such  licenses  as  shall  have 
been  given  up  or  returned  to  him,  respectively,  in  pur- 
suance of  this  Title  |K.  S.,  4311-43901.  Whenever  any 
vessel  is  licensed  or  enrolled  anew,  or  being  licensed  or 
enrolled  is  afterward  registered,  or  being  registered  is 
afterward  enrolled  or  licensed,  she  shall,  in  every  such 
case,  be  enrolled,  licensed,  or  registered  by  her  Ibrmer 
name. 

49.  Duration  of  license. 

No  license,  granted  to  any  vessel,  shall  be  considered  in    R.s.,4324. 
force  any  longer  than  such  vessel  is  owned,  and  of  the 
description  set  forth  in  such  license,  or  for  carrying  on  any 
other  business  or  employment  than  that  for  which  she  is 
specially  licensed. 

50.  Surrender  of  license. 

The  license  granted  to  any  vessel  shall  be  given  up  to  RS..4325.  , 
the  collector  of  the  district  who  may  have  granted  the  same, 
within  three  days  after  the  expiration  of  the  time  for  which 
it  was  granted,  in  case  such  vessel  be  then  within  the  dis- 
trict, or  if  she  be  absent  at  that  time,  within  three  days 
from  her  first  arrival  withm  the  district  afterward,  or  if 
she  be  sold  out  of  the  district,  within  three  days  after  the 
arrival  of  the  master  within  any  district,  to  the  collector 
of  such  district,  taking  his  certificate  therefor;  and  if  the 
master  thereof  shall  neglect  or  refuse  to  deliver  up  the 
license,  he  shall  be  liable  to  a  penalty  of  fifty  dollars. 

If  such  license,  however,  shall  have  been  previously  K.s.,4326. 
given  up  to  the  collector  of  any  other  district,  as  author- 
ized by  this  Title  ]  K.  S.,  4311-431K)  |,  and  a  certificate  thereof 
under  the  hand  of  such  collector  be  produced  by  such 
master,  or  if  such  license  be  lost,  or  destroyed,  or  uninten- 
tionally mislaid  so  that  it  cannot  be  found,  and  the  master 
of  such  vessel  shall  make  and  subscribe  an  oath  that  such 
license  is  lost,  destroyed,  or  unintentionally  mislaid,  as  he 
verily  believes,  and  that  the  same,  if  found,  shall  be  deliv- 
ered up,  as  is  herein  required,  then  the  penalty  prescribed 
in  the  i)receding  section  shall  not  be  incurred.  Jf  such 
license  shall  be  lost,  destroyed,  or  unintentionally  mislaid, 
before  the  expiration  of  the  time  for  which  it  was  granted, 


44  PART    III. — DOCUMENTS    OF    VESSELS. 

upon  tbe  like  oath  being  made  and  subscribed  by  the 
master  of  such  vessel,  tbe  collector,  upon  application  being 
made  therefor,  shall  license  such  vessels  anew. 

R.  s.,4327.  The  owner  of  any  licensed  vessel  may  return  such  license 

to  the  collector  who  granted  the  same,  at  any  time  within 
the  year  for  which  it  was  granted;  and  thereupon  the  col- 
lector shall  cancel  the  same,  and  shall  license  such  vessel 
anew,  upon  the  application  of  the  owner,  and  upon  tbe 
conditions  hereinbefore  required  being  complied  with. 

51.  Enrollment  and  license  to  corporations. 

ii.s.,4313.  Enrollments  and  licenses  for  vessels  owned  by  any  incor- 

porated company  may  be  issued  in  tbe  name  of  tbe  presi- 
dent or  secretary  of  such  company;  and  such  enrollments 
or  licenses  shall  not  be  vacated  or  affected  by  any  sale  of 
shares  of  stock  in  such  company. 

R.s.,4314.  Previously  to  granting  enrollment  and  license  for  any 

vessel,  owned  by  any  company,  the  president  or  secretary 
of  such  company  shall  swear  to  tbe  ownersbii)  of  such  ves- 
sel, by  such  company,  without  designating  the  names  of 
the  persons  composing  such  company ;  which  oath  shall  be 
deemed  sufficient,  without  requiring  tbe  oath  of  any  other 
person  interested  or  concerned  in  such  vessel. 

ii.s.,4315.  Upon  tbe  death,  removal,  or  resignation  of  the  president 

or  secretary  of  any  incorporated  company  owning  any 
steamboat  or  vessel,  a  new  enrollment  and  license  shall  be 
taken  out  for  such  steamboat  or  vessel. 

52.  Change  of  owner. 

R.  s.,  4329.  Whenever  it  appears,  by  satisfactory  proof,  to  the  Com- 

missioner of  Navigation  that  any  vessel  has  been  sold  and 
transferred  by  jorocess  of  law,  and  that  tbe  certilicate  of 
enrollment  or  license  of  such  vessel  is  retained  by  the  for- 

juiy5, 1884.  mcr  owucr,  the  Commissioucr  may  direct  tbe  collector  of 
the  district  to  which  such  vessel  belongs  to  grant  a  new 
certificate  of  enrollment  or  license,  on  the  owner's,  under 
such  sale,  complying  with  such  terms  and  conditions  as  are 
by  law  required  for  granting  of  such  papers,  excepting  only 
the  delivering  up  of  the  former  certificate  of  enrollment  or 
license.  But  nothing  in  this  section  shall  be  construed  to 
remove  the  liability  of  any  person  to  any  penalty  for  not 
surrendering  up  the  papers  belonging  to  any  vessel,  on  a 
transfer  or  sale  of  tbe  same. 

53.  Change  of  master. 

R.  s.,  4335.  Whenever  the  master  of  any  licensed  vessel,  ferry-boats 

excepted,  is  changed,  tbe  new  master,  or,  in  case  of  his 
absence,  the  owner  or  one  of  tbe  owners  thereof,  shall  report 
such  change  to  the  collector  residing  at  the  port  where  tbe 
same  bajipens,  if  there  be  one;  otherwise,  to  the  collector 
residing  at  any  port  where  such  vessel  next  arrives,  who, 
upon  the  oath  of  such  new  master,  or,  in  case  of  his  absence, 
of  the  owner,  that  such  master  is  a  citizen  of  the  United 


PART    III. DOCUMENTS    OF    VESSELS.  45 

States,  and  that  such  vessel  shall  not,  while  such  license 
continues  in  force,  be  employed  in  any  manner  whereby  the 
reveiine  of  the  United  States  may  be  defrauded,  sliall 
indorse  sucli  change  on  the  license,  with  the  name  of  the 
new  master.  Whenever  such  change  is  not  rei)()rted,  and 
indorsed,  as  herein  re(inired,  such  vessel,  if  found  carrying 
on  the  coasting  trade  or  lisheries,  shall  be  subject  to  pay 
the  same  fees  and  tonnage  as  a  vessel  of  the  United  States 
having  a  register,  and  the  new  master  shall  be  liable  to  a 
penalty  of  ten  dollars. 

54.  Certification  by  customs  officer. 

In  every  case  where  the  collector  is  by  this  Title  [R.  S.,  r.s., 4332. 
4311-43. -'0]  directed  to  grant  any  enrollment,  license,  cer- 
tificate, permit  or  other  docnment,  the  nav;d  ollicer  lesidiug 
at  the  port,  if  there  be  one,  shall  sign  the  same;  and  every 
surveyor  who  certifies  a  manifest,  or  grants  any  permit 
or  who  receives  any  certified  manifest,  or  any  permit,  as 
is  provided  for  in  this  Title,  shall  make  return  thereof, 
monthlj',  or  sooner,  if  it  can  conveniently  be  made,  to  the 
collector  of  the  district  where  such  surveyor  resides. 

55.  Enrollment  outside  of  district. 

Whenever  it  becomes  necessary  for  the  owner  of  any  r.s., 4328. 
vessel  of  the  United  States  navigating  the  waters  of  the 
United  States,  and  being  in  a  district  other  than  tliat  to  Apr.i7,i874. 
which  such  vessel  belongs,  to  procure  her  enrollment  and 
license,  or  license,  or  renewal  thereof,  the  same  proceedings 
may  be  had  in  the  district  in  which  the  vessel  then  is  as 
are  required  by  law  on  application  for  such  enrollment  and 
license,  or  license,  or  renewal  thereof,  as  the  case  may  be, 
in  the  district  to  which  such  vessel  belongs,  excepting  the 
enrollment  and  issuance  of  license;  and  the  ofiicer  before  Jan. le, isos. 
whom  such  proceeding  is  had  shall  certify  the  same  to  the 
collector  of  the  district  to  which  such  vessel  belongs,  who 
shall  thereupon  duly  enroll  tlie  vessel  and  issue  license  in 
the  same  form  as  if  the  application  had  originally  been 
made  in  his  office;  and  shall  either  deliver  the  license  to 
the  owner,  or  forward  it  by  mail  to  the  officer  who  certified 
to  him  the  preliminary  proceedings;  and  in  the  latter  case, 
such  officer  shall  deliver  the  license  to  the  owner  or  master 
of  the  vessel. 

56.  Special  provisions  for  enrollment  and  license. 

The  assistant  collector  at  Jersey  City  may  enroll  and    it. s., 4340. 
license  all  vessels  engaged  in  the  coasting-trade  and  fish- 
eries, owned  in  whole  or  in  ])art  by  residents  of  the  counties 
of  Hudson  and  Bergen,  in  the  State  of  New  Jersey. 

The  assistant  collector  for  the  port  of  Camden,  in  New  us.. 4341. 
Jersey,  may  enroll  and  license  all  vessels  engaged  in  the 
coasting-trade  and  fisheries,  owned  in  whole  or  in  part  by 
residents  of  that  i)ortion  of  the  iJridgeton  district  lying 
north  of  Alloway's  Creek,  in  the  county  of  Salem,  in  the 
State  of  New  Jersey. 


46  PART    III. DOCUMENTS    OF    VESSELS. 

R.s.,4342.  The  owners  of  vessels  residing  on  New  Elver,  in  Onslow 

County,  in  the  State  of  North  Carolina,  shall  have  the 
privilege  of  taking  out  registers  or  enrollments  and  licenses 
at  Wilmington,  in  that  (State,  and  the  collector  of  that  dis- 
trict may  grant  the  same  on  the  conditions  required  by  law. 

R.s.,4343.  The  deputy  collector  who  may  be  appointed  to  reside  at 

Chesapeake  City,  in  Maryland,  shall  have  power  to  grant 
enrollments  and  licenses  to  vessels. 

R.s.,4344.  The  Secretary  of  the  Treasury  may  authorize  the  sur- 

veyor of  any  port  of  delivery,  under  such  regulations  as 
he  shall  deem  necessary,  to  enroll  and  license  vessels  to  be 
employed  in  the  coasting-trade  and  fisheries,  in  like  man- 
ner as  collectors  of  ports  of  entry  are  authorized  to  do. 

R.  s.,4345.  The  surveyors  appointed  for  the  ports  of  Cold  Spring,  on 

the  north  side  of  Long  Island,  Creenport  and  Port  eJeffer- 
son,  all  in  the  State  of  New  York,  shall  have  power  to 
enroll  and  license  vessels  to  be  employed  in  the  coasting 
trade  and  fisheries,  and  to  enter  and  clear,  and  grant  reg- 
isters and  other  usual  papers  to  vessels  employed  in  the 
whale-fisheries,  under  such  restrictions  and  regulations  as 
the  Secretary  of  the  Treasury  may  deem  necessary. 

R.s.,4346.  Any  surveyor  who  shall  perform  the  duties  directed  to 

be  i)erforme(l  by  the  two  preceding  sections  shall  be  entitled 
to  receive  the  same  commissions  and  fees  as  are  allowed  by 
law  to  collectors,  for  performing  the  same  duties. 

57.  Inspection  of  enrollment  and  license. 

R.  s.,  4336.  Any  officer  concerned  in  the  collection  of  the  revenue  may 

at  all  times  insi^ect  the  enrollment  or  licenseof  any  vessel; 
and  if  the  master  of  any  such  vessel  shall  not  exhibit  the 
same,  when  re(juired  by  such  officer,  he  shall  be  liable  to  a 
penalty  of  one  hundred  dollars. 

58.  Record  of  American-built  vessels  owned  by  aliens. 

R.S..4180.  Every  vessel  built  in  the  United  States,  and  belonging 

wholly  or  in  i)ait  to  the  subjects  of  foreign  powers,  in  order 
to  be  entitled  to  tlie  benefits  of  a  ship  built  and  reccnded 
in  the  United  States,  shall  be  recorded  in  the  office  of  the 
collector  of  the  district  in  which  such  vessel  was  built,  in 
the  manner  following:  The  builder  of  every  such  vessel 
shall  make  oath  before  the  collector  of  such  district  in  man- 
ner following:  "I,  (inserting  here  the  name  of  such  builder), 
of  (inserting  here  the  place  of  his  residence),  shipwright, 
do  swear  (or  aflirm)  that  (describing  here  the  kind  of  vessel, 
as  whether  ship,  brig,  snow,  schooner,  sloop,  or  whatever 
else)  named  (inserting  here  the  name  of  the  ship  or  vessel), 
having  (inserting  here  the  number  of  decks),  and  being  in 
length  (inserting  here  the  number  of  feet),  in  breadth  (in- 
serting here  the  number  of  feet),  in  depth  (inserting  he'^e 
the  number  of  feet),  and  measuring  (inserting  here  the  num- 
ber of  tons),  having  (specifying  whether  any  or  no)  gallery, 
and  (also  specifying  whether  any  or  no)  head,  was  built  by 
me  or  under  my  direction  at  (naming  the  place,  county, 


PART    III. DOCUMENTS    OF    VESSELS.  47 

and  State),  in  the  United  States,  in  the  year  (inserting  here 
the  number  of  the  year)."  Whicli  oath  shall  be  subscribed 
by  the  person  making  tiie  same,  and  shall  be  recorded  in  a 
book  to  be  kept  by  the  collector  for  that  purpose. 

The  collector  shall  cause  the  vessel  so  built  to  be  surveyed  it.  s.,  4181. 
or  measured,  and  the  person  by  whom  such  measurement 
is  made  shall  grant  a  certificate  thereof,  as  in  the  case  of  a 
vessel  to  be  registered,  which  certificate  shall  be  counter- 
signed by  the  builder,  and  by  an  owner  or  the  master  or 
person  having  the  command  or  charge  thereof,  or  by  some 
other  person  being  an  agent  for  the  owner  thereof,  in  testi- 
mony of  the  truth  of  the  particulars  therein  contained. 

A  certificate  of  the  record,  attested  under  the  hand  and  R.s.,4i82. 
seal  of  the  collector,  shall  be  granted  to  the  master  of 
every  such  vessel,  as  nearly  as  may  be,  of  the  form  follow- 
ing: "In  pursuance  of  chapter  one.  Title  XLVlll  [1\.  S., 
4131-4305],  "Kegulation  of  Commerce  and  Naviga- 
tion," of  the  Kevised  Statutes  of  the  United  States,  I, 
(inserting  here  the  name  of  the  collector  of  the  district), 
of  (inserting  here  the  name  of  the  district),  in  the  United 
States,  do  certify  that  (inserting  here  the  name  of  the 
builder),  of  (inserting  here  the  place  of  his  residence, 
county,  and  State),  having  sworn  (or  affirmed)  that  tlie 
(describing  the  ship  or  vessel,  as  in  tlie  certificate  of  record) 
named  (inserting  here  her  name),  whereof  (inserting  here 
the  name  of  the  master)  is,  at  present,  master,  was  built  at 
(inserting  here  the  name  of  the  place,  county,  and  State 
where  built),  by  him  or  under  his  direction,  in  the  year 
(inserting  here  tlie  number  of  the  year);  and  (inserting 
here  the  name  of  the  surveyor,  or  other  person,  by  whom 
the  measurement  shall  have  been  made)  having  certified 
that  the  said  ship  or  vessel  has  (inserting  here  her  number 
of  decks),  is  in  length  (inserting  here  the  number  of  feet), 
in  breadth  (inserting  here  the  number  of  feet),  in  depth 
(inserting  here  the  number  of  feet),  and  measures  (insert- 
ing here  the  number  of  tons):  And  the  said  builder  and 
(naming  and  describing  the  owner,  or  master,  or  agent  for 
the  owner  or  owners,  as  the  case  may  be,  by  whom  the  said 
certificate  shall  have  been  countersigned)  having  agreed  to 
the  said  description  and  admeasurement,  the  said  vessel 
has  been  recorded,  in  the  district  of  (inserting  here  the 
name  of  the  district  where  recorded),  in  the  United  States. 
Witness  my  hand  and  seal  this  (inserting  here  the  day  of 
the  month)  day  of  (inserting  here  the  name  of  the  month), 
in  the  year  (inserting  here  the  number  of  the  year)." 
Which  certificate  shall  be  recorded  in  the  office  of  the  col- 
lector, and  a  duplicate  thereof  transmitted  to  the  Commis-  ,i„iv  51884. 
sioner  of  Navigation  to  be  recorded  in  his  office. 

Whenever  the  master  or  the  name  of  a  vessel  so  recorded  ii.s.,4i83. 
IS  changed,  the  owner,  part  owner,  or  consignee  of  such  • 
vessel  shall  cause  a  memorandum  thereof  to  be  indorsed 
on  the  certificate  of  the  record,  by  the  collector  of  the  dis- 
trict where  such  vessel  may  be,  oi-  at  which  she  shall  first 
arrive  if  such  change  took  place  in  a  foreign  country;  and 
a  copy  thereof  shall  be  entered  in  the  book  of  records,  a 


48  PART    III. DOCUMENTS    OF    VESSELS. 

transcript  whereof  shall  be  transmitted  by  the  collector  to 
the  collector  of  the  district  where  such  certificate  was 
granted,  if  not  the  same  person,  who  shall  enter  the  same 
July  5, 1884.  in  bis  book  of  records,  and  forward  a  duplicate  of  such 
entry  to  the  Commissioner  of  Navigation ;  and  in  such  case, 
until  the  owner,  part  owner,  or  consignee  shall  cause  the 
memorandum  to  be  made  by  the  collector,  in  the  manner 
above  prescribed,  such  vessel  shall  not  be  deemed  a  vessel 
recorded,  in  })ursuance  of  this  Title  [R.  S.,  4131-4305J. 

K.s.,4184.  The  master  or  other  person  having  the  command   or 

charge  of  any  vessel,  recorded  in  pursuance  of  this  Title 
[R.  S.,  4131-4305J,  shall,  on  entry  of  such  vessel,  produce 
the  certificate  of  such  record  to  the  collector  of  the  district 
where  she  is  so  entered;  and  in  default  thereof  the  vessel 
shall  not  be  entitled  to  the  privileges  of  a  recorded  vessel. 

59.  Offenses  against  the  registry  law. 

R.s.,4187.  Every  collector  or  officer  who  knowingly  makes,  or  is 

concerned  in  making,  any  false  register  or  record,  or  who 
knowingly  grants  or  is  concerned  in  granting,  any  false 
certificate  of  registry  or  record  of  or  for  any  vessel,  or  any 
other  false  document  whatever  touching  the  same,  contrary 
to  the  true  intent  and  meaning  of  this  Title  [R.S., 4131-4305], 
or  who  designedly  takes  any  other  or  greater  fees  than  are 
by  this  Title  allowed,  or  who  receives  any  voluntary  reward 
or  gratuity  for  any  of  the  services  performed,  pursuant 
thereto;  and  every  surveyor  or  other  person  appointed  to 
measure  any  vessel,  who  willfully  delivers  to  any  collector 
or  naval  otficer  a  false  description  of  such  vessel,  to  be 
registered  or  recorded,  shall  be  ])unishable  by  a  fine  of  one 
thousand  dollars,  and  be  rendered  incapable  of  serving  in 
any  office  of  trust  or  profit  under  the  United  States. 

R.s.,4188.  If  any  person  authorized  and  required  by  this  Title  [R. 

S.,  4131-4305]  to  perform,  as  an  officer,  any  act  or  thing, 
willfully  neglects  to  do  or  perform  the  same,  according  to 
the  true  intent  and  meaning  of  this  Title,  he  shall,  if  not 
subject  to  the  penalty  and  disijualification  prescribed  in 
the  preceding  section,  be  i)unishable  by  a  fine  of  five  hun- 
dred dollars  for  the  first  offense,  and  by  a  like  fine  for  the 
second  offense,  and  shall  thenceforth  be  rendered  incapable 
of  holding  any  office  of  trust  or  profit  under  the  United 
States. 

R.s.,4189.  Whenever   any  certificate  of  registry,   enrollment,   or 

license,  or  other  record  or  document  granted  in  lieu  thereof, 
to  any  vessel,  is  knowingly  and  fraudulently  obtained  or 
used  for  any  vessel  not  entitled  to  the  benefit  thereof,  such 
vessel,  with  her  tackle,  apparel,  and  furniture,  shall  be 
liable  to  forfeiture. 

R.  s.,  4190.  No  sea-letter  or  other  document  certifying  or  proving  any 

vessel  to  be  the  property  of  a  citizen  of  the  United  States 
shall  be  issued,  except  to  vessels  duly  registered,  or  enrolled 
and  licensed  as  vessels  of  the  United  States,  or  to  vessels 
which  shall  be  wholly  owned  by  citizens  of  the  United 


PART    III. DOCUMENTS    OF    VESSELS.  49 

States,  and  fuinislKMl    with  or  entitled    to    si'adettcis    or 
other  custom  lioiise  documents. 

Every  person  wlio  knowingly  makes,  utters,  or  ])nl)lishes  i:.s..  iioi. 
any  false  sea-letter,  Mediterraneau  ])assi)ort,  or  certiticat«^ 
of  registry,  or  who  knowingly  avails  himself  of  any  such 
Mediterranean  i)ass))ort,  sea  letter,  or  certifi(;ate  of  regis- 
try, shall  be  liable  to  a  penalty  of  not  more  than  live  thou- 
sand dollars,  and,  if  an  olhcer  of  the  United  States,  shall 
thenceforth  be  in('apal>le  of  holding  any  oHice  of  trust  or 
prolit  under  the  antliority  of  the  United  States. 

60.   Offenses  against  enrollment  and  license  laws. 

Every  collector,  who  knowingly  makes  any  record  of  K.s.,4373. 
enrollment  or  license  of  any  vessel,  and  every  other  officer, 
or  ptM'son,  api)ointed  by  or  under  them,  who  makes  any 
record,  or  grants  any  certiticate  or  other  document  what- 
ever, contrary  to  the  true  intent  and  meaning  of  this  Title 
[R.  S.,  -1311-439(1],  or  takes  any  other  or  greater  fees  than 
are  by  this  Title  allowed,  or  receives  for  any  service  per- 
formed pursuant  to  this  Title,  any  rewanl  or  gratuity,  and 
every  surveyor,  or  other  person  appointed  to  measure  ves- 
sels, who  willfully  delivers  to  any  collector  or  naval  oftlcer 
atalse  description  of  any  vessel,  to  be  enrolled  or  licensed, 
in  pursuance  of  this  Title,  shall  be  liable  to  a  penalty  of 
five  hundred  dollars,  and  be  rendered  incapable  of  serving 
in  any  oftice  of  trust  or  prolit  under  the  United  States. 

Every  person,  authorized  and  required  by  this  Title  ii.s.,4374. 
[11.  S.,  4311-4390  j  to  perform  any  act  or  thing  as  an  officer, 
who  willfully  neglects  or  refuses  to  do  and  perform  the  same, 
according  to  the  true  intent  and  meaning  of  this  Title,  shall, 
if  not  subject  to  the  penalty  and  disqualifications  pre- 
scribed in  the  preceding  section,  be  liable  to  a  penalty  of 
five  hundred  dollars  for  the  tlrst  offense,  and  of  a  like 
sum  for  the  second  offense,  and  shall,  after  conviction  for 
the  second  offense,  be  rendered  incapable  of  holding  any 
office  of  trust  or  profit  under  the  United  States. 

Every  person  who  forges,  counterfeits,  erases,  alters,  or  i;.s.,4;)75. 
falsifies  any  enrollment,  license,  certiticate,  permit,  or  other 
document,  mentioned  or  required  in  this  Title [R.  S.,  4311- 
4390J,  to  be  granted  by  any  ofiicer  of  the  revenue,  such  per- 
son, so  ofl'ending,  shall  be  liable  to  a  penalty  of  five  hun- 
dred dollars. 

Every  person  who  assaults,  resists,  obstructs,  or  hinders  ii.s.,4376. 
any  officer  in  the  execution  of  any  act  or  law  relating  to 
the  enrollment,  registry,  or  licensing  of  vessels,  or  of  this 
Title  [li  S.,  4311-4390J,  or  of  any  of  the  powers  or  author- 
ities vested  in  him  by  any  suc^h  act  or  law,  shall,  for  every 
such  offense,  for  which  no  other  penalty  is  particularly  pro- 
vided, be  liable  to  a  penalty  of  five  hundred  dollars. 

NAV  99,  PT  2 4 


Part  IV.— officers  OF  MERCHANT  VESSELS. 


61.  Citizenship  of  officers. 

62.  Duration  of  licenses. 

63.  Service  during  war. 

64.  Naturalization  of  engineer  or  pilot. 

65.  Oflicers  license. 

66.  Master's  license. 


67.  Mate's  license. 

68.  Engineer's  license. 

69.  Pilot's  license. 

70.  Master  or  mate  acting  as  pilot. 

71.  Oath  of  officer. 

72.  Removal  of  master. 


E.  S.4131. 


May  28, 1890. 
Sec.  1. 


June  26, 1884. 
Sec.  1. 


61.  Citizenship  of  officers. 

All  the  officers  of  vessels  of  the  United  States  who  shall 
have  charge  of  a  watch,  including  pilots,  shall  in  all  cases 
be  citizens  of  the  United  States. 

The  word  "officers"  shall  include  the  chief  engineer  and 
each  assistant  engineer  in  charge  of  a  watch  on  vessels 
propelled  wholly  or  in  part  by  steam;  and  after  the  first 
day  of  January,  eighteen  hundred  and  ninety-seven,  no 
person  shall  be  qualitied  to  bold  a  license  as  a  commander 
or  watch  officer  of  a  merchant  vessel  of  the  United  States 
who  is  not  a  native-born  citizen,  or  whose  naturalization 
as  a  citizen  shall  not  have  been  fully  completed. 

In  cases  where  on  a  foreign  voyage,  or  on  a  voyage  from 
an  Atlantic  to  a  Pacific  port  of  the  United  States,  any 
such  vessel  is  for  any  reason  deprived  of  the  services  of  an 
officer  below  the  grade  of  master,  his  place,  or  a  vacancy 
caused  by  the  promotion  of  another  officer  to  such  place, 
may  be  supplied  by  a  person  not  a  citizen  of  the  United 
States  until  the  first  return  of  such  vessel  to  its  home 
port;  and  such  vessel  shall  not  be  liable  to  any  penalty  or 
penal  tax  for  such  employment  of  an  alien  officer. 


May  28, 1896. 
Sec.  2. 


62.  Duration  of  licenses. 

All  licenses  issued  to  such  officers  shall  be  for  a  term  of 
five  years,  but  the  holder  of  a  license  may  have  the  same 
renewed  for  another  five  years  at  any  time  before  its  expira- 
tion: Provided,  however,  That  any  officer  holding  a  license, 
and  who  is  engaged  in  a  service  which  necessitates  his  con- 
tinuous absence  from  the  United  States,  may  make  appli- 
cation in  writing  for  one  renewal  and  transmit  the  same 
to  the  board  of  local  inspectors  with  a  statement  of  the 
applicant  verified  before  a  consul,  or  other  officer  of  the 
United  States  authorized  to  administer  an  oath,  setting 
forth  the  reasons  for  not  appearing  in  person;  and  upon 
receiving  the  same  the  board  of  local  inspectors  that  origi- 
nally issued  such  license  shall  renew  the  same  for  one  addi- 


50 


PART    TV. OFFICERS    OF    MERCHANT    VESSELS.  5 

tioiial  term  of  such  license,  and  shall  notify  the  applicant 
ot  such  renewal.  And  in  iill  (;ases  where  tlie  issne  is  tlie 
suspension  or  revocation  of  such  licenses,  whether  before 
the  local  boaids  of  inspectors  [of  steam  vessels]  as  [)ro 
vided  for  in  section  forty-four  hundred  and  fifty  of  the 
Kevised  Statutes,  or  before  the  ^ui)ervisino-  inspector  as 
provided  for  in  section  forty-four  hundred  and  fifty-two  of 
the  Revised  Statutes,  the  accused  shall  be  allowed  to  appear 
by  counsel  and  to  testify  in  his  own  behalf. 

63.  Se~vice  during  war. 

Ko  master,  mate,  pilot,  or  engineer  of  steam  vessels  May28,  isoe. 
licensed  under  title  tiftytwo  [H.  S.  43y{)-4r)0(>j  of  the  lie-  ^*'<'-2- 
vised  Statutes  shall  be  liable  to  draft  in  time  of  war,  except 
for  the  performance  of  duties  such  as  re(iuircd  by  his 
license;  and,  while  performing  such  duties  in  the  service 
of  the  United  States,  every  such  master,  mate,  pilot,  or 
engineer  shall  be  entitled  to  the  highest  rate  of  wages  i)aid 
in  the  merchant  marine  of  the  United  States  for  similar 
services;  and,  if  killed  or  wounded  while  performing  such 
duties  under  the  United  States,  they,  or  their  heirs,  or  their 
legal  representatives  shall  be  entitled  to  all  the  privileges 
accorded  to  soldiers  and  sailors  serving  in  the  Army  and 
Navy,  under  the  pension  laws  of  the  United  States. 

64.  Naturalization  of  engineer  or  pilot. 

Any  alien  who,  in  the  manner  provided  for  by  law,  has    r.s.,4131. 
declared  his  intention  to  become  a  citizen  of  the  United    Apr.i?. i874. 
States,  and  who  shall  have  been  a  permanent  resident  of   May28,  i896. 
the  United  States  for  at  least  six  months  immediately  ]>rior 
to  the  granting  of  such  license,  may  be  licensed,  as  if 
already  naturalized,  to  serve  as  an  engineer  or  pilot  upon 
any  steam  vessel  subject  to  inspection  under  the  provisions 
of  [R.S.,  4399-4500]  "the  act,  entitled  '-An  act  to  jTovide 
for  the  better  security  of  life  on  board  of  vessels  propelled, 
in  wiiole  or  in  i)art,  by  steam,  and  for  other  i)urposes," 
approved  February  twenty-eighth,  eighteen  hundred  and 
seventy  one. 

65.  Officer's  license. 

The  boards  of  local  inspectors  [of  steam  vessels]  shall  k.s.4438. 
license  and  classify  the  masters,  chief  mates,  and  second  i>pc. 21. i898. 
and  third  mates,  if  in  charge  of  a  watch,  engineers,  and 
pilots  of  all  steam  vessels,  and  the  masters  and  chief  nuites 
of  sail  vessels  of  over  seven  hundred  tons  and  all  other 
vessels  and  barges  of  over  one  hundred  tons  burden  carry- 
ing ])assengers  for  hire.  It  shall  be  unlawful  to  employ 
any  person,  or  for  any  i)erson  to  serve,  as  a  master,  chief 
mate,  engineer,  or  pilot  of  any  steamer,  or  as  nuister  or 
chief  mate  of  any  sail  vessel  of  over  seven  hundred  tons 
who  is  not  licensed  by  the  inspectors;  and  anyone  violating 
this  section  shall  be  liable  to  a  penalty  of  one  hundred 
dollars  for  each  offense. 


52  PART    IV. OFFICERS   OP    MERCHANT    VESSELS. 

R.  s. 4446.  Every  mastei ,  mate,  engineer,  and  pilot  who  shall  receive 

a  license  sliall,  when  employed  npon  any  vessel,  place  his 
certificate  of  license,  which  shall  be  framed  under  glass, 
in  some  conspicuous  ])lace  in  such  vessel,  where  it  can  be 
seen  by  passengers  and  others  at  all  times;  and  for  every 
neglect  to  comply  with  this  provision  by  any  such  master, 
mate,  engineer,  or  j)ilot,  he  shall  be  subject  to  a  fine  of  one 
hundred  dollars,  or  to  the  revocation  of  his  license. 

66.  Master's  license. 

E.S.4439.  Whenever  any  person  applies  to  be  licensed  as  master  of 

r)ec.^2i,  1898.  ^^^  stcam  vessel,  or  of  a  sail  vessel  of  over  seven  hundred 
tons,  the  inspectors  shall  make  diligent  inquiry  as  to  his 
character,  and  shall  carefully  examine  the  applicant  as  well 
as  the  proofs  which  he  presents  in  support  of  his  claim,  and 
if  they  are  satisfied  that  his  capacity,  experience,  habits  of 
life,  and  character  are  such  as  warrant  the  belief  that  he 
can  safely  be  intrusted  with  the  duties  and  resi)onsibilities 
of  the  station  for  which  he  makes  application,  they  shall 
grant  him  a  license  authorizing  him  to  discharge  such 
duties  on  any  such  vessel  for  the  term  of  five  years;  but 
such  license  shall  be  suspended  or  revoked  upon  satisfac- 
tory proof  of  bad  conduct,  intemperate  habits,  incapacity, 
inattention  to  his  duties,  or  the  willful  violation  of  any 
provision  of  this  title  [R.  S.,  4399-4500]  applicable  to  him. 

67.  Mate's  license. 

K.  s.  4440.  Whenever  any  person  applies  for  authority  to  be  employed 

Dec.  21, 1898.  r^g  cliicf  mate  of  ocean  or  coastwise  steam  vessels  or  of  sail 
vessels  of  over  seven  hundred  tons,  or  as  second  or  third 
mate  of  ocean  or  coastwise  steam  vessels,  who  shall  have 
charge  of  a  watch,  or  whenever  any  person  applies  for 
authority  to  be  employed  as  mate  of  river  steamers,  the 
inspectors  sliall  require  satisfactory  evidence  of  the  knowl- 
edge, experience,  and  skill  of  the  applicant  in  lading  cargo 
and  in  handling  and  stowage  of  freight,  and  if  for  license 
as  chief  mate  on  ocean  or  coastwise  steamers,  or  ot  sail 
vessels  of  over  seven  hundred  tons,  or  as  second  or  third 
mate  of  ocean  or  coastwise  steamers,  who  shall  have  charge 
of  a  watch,  shall  also  examine  him  as  to  his  knowledge  and 
ability  in  navigation  and  managing  such  vessels  and  all 
other  duties  pertaining  to  his  station,  and  if  satisfied  of 
his  qualifications  and  good  character  they  shall  grant  him 
a  license  authorizing  him  to  perform  such  duties  for  the 
term  of  five  years  upon  the  waters  upon  which  he  is  found 
qualified  to  act;  but  such  license  shall  be  suspended  or 
revoked  upon  satisfactory  proof  of  bad  conduct,  intemper- 
ate habits,  unskillfulness,  or  want  of  knowledge  of  the 
duties  of  his  station  or  the  willful  violation  of  any  provision 
of  this  title  [R.  S,  4399-4500]. 

68.  Engineer's  license. 

R.s.,4441.  Whenever  any  person  applies  for  authority  to  perform 

the  duties  of  engineer  of  any  steam-vessel,  the  inspectors 


Sec.  3. 


PART    IV. OFFICERS    OF    MERCHANT    VESSELS.  53 

shall  examine  the  applicant  as  to  his  knowledge  of  steam- 
machinery,  and  his  experience  as  an  engineer,  and  also  the 
proofs  which  he  produces  in  supi)ort  of  liis  claim;  and  if, 
upon  full  consideration,  they  are  satislied  tluxt  his  character, 
habits  of  life,  knowledge,  and  exi)erience  in  the  duties  of 
an  engineer  are  all  such  as  to  authorize  the  belief  that  he  is 
a  suitable  and  safe  person  to  be  intrusted  with  the  powers 
and  duties  of  such  a  station,  they  shall  grant  him  a  license, 
authorizing  him  to  be  employed  in  such  duties  for  the  term 
of  Ave  years,  in  whicli  they  shall  assign  liini  to  the  ai)i)ropri-  ^'ay  2h,  nm. 
ate  class  of  engineers;  but  such  license  shall  be  suspended 
or  revoked  upon  satisfactory  proof  of  negligence,  unskill- 
fulness,  intemperance,  or  the  willful  violation  of  any  pro- 
vision of  this  Title  j  K.  W.,  4399— ioOO].  Whenever  comjdaint 
is  made  against  any  engineer  holding  a  license  authorizing 
him  to  take  charge  of  the  boilers  and  machinery  of  any 
steamer,  that  he  has,  through  negligence  or  want  of  skill, 
permitted  the  boilers  in  his  charge  to  burn  or  otherwise 
become  in  bad  condition,  or  that  he  has  not  kept  his  engine 
and  machinery  in  good  working  order,  it  shall  be  the  duty 
of  the  inspectors,  upon  satisfactory  proof  of  such  negli- 
gence or  want  of  skill,  to  revoke  the  license  of  such  engi- 
neer and  assign  him  to  a  lower  grade  or  class  of  engineers, 
if  they  find  him  fitted  therefor. 

69.  Pilofs  //cense. 

Whenever  any  person  claiming  to  be  a  skillful  pilot  of  R.S..4442. 
steam-vessels  offers  himself  for  a  license,  the  inspectors 
shall  make  diligent  inquiry  as  to  his  character  and  merits, 
and  if  satisfied,  from  personal  examination  of  the  appli- 
cant, with  the  proof  that  he  offers  that  he  possesses  the 
requisite  knowledge  and  skill,  and  is  trnstworthy  and 
faithful,  they  shall  grant  him  a  license  for  the  term  of  five  May28,  isoe. 
years  to  pilot  any  such  vessel  within  the  limits  prescribed 
in  the  license;  but  such  license  shall  be  susi)ended  or 
revoked  upon  satisfactory  evidence  of  negligence,  unskill- 
fulness,  inattention  to  the  duties  of  his  station,  or  intem- 
perance, or  the  willful  violation  of  any  provision  of  this 
Title  [K.  S.,  4399-4500J. 

70.  Master  or  mate  acting  as  pilot. 

Where  the  master  or  mate  is  also  pilot  of  the  vessel,  he    R.s.,4443. 
shall  not  be  requiied  to  hold  two  licenses  to  ])erform  such 
duties,  but  the  license  issued  shall  state  on  its  face  that 
he  is  authorized  to  act  in  such  double  capacity. 

71.  Oatfi  of  officer. 

Every  master,  chief  mate,  engineer,  and  pilot,  who  re-  k.s.,444.'-.. 
ceives  a  license,  shall,  before  entering  upon  his  duties,  make 
oath  before  one  of  the  inspectors  herein  provided  for,  to  be 
recorded  with  the  certificate,  that  he  will  faithfully  and 
honestly,  according  to  his  best  skill  and  Judgnunit,  without 
concealment  or  reservation,  perform  all  the  duties  required 
of  him  by  law. 


54  PART    IV. OFFICERS    OF    MERCHANT    VESSELS. 

72.  Removal  of  master. 

E.s.,4250.  Any  ])ers()ii  or  body  corporate  haviiijj  more  tLan  one  half 

ownersliip  of  any  vessel  shall  have  the  ])0wer  to  remove  a 
master,  who  is  also  part  owner  of  such  vessel,  as  such 
majority  owners  have  to  remove  a  master  not  an  owner. 
This  section  shall  not  api)ly  where  there  is  a  valid  written 
agreement  subsisting,  by  virtue  of  which  such  master 
would  be  entitled  to  possession,  nor  in  2k\\y  case  where 
a  master  has  possession  as  part  owner,  obtained  before 
the  ninth  day  of  April,  eighteen  hundred  and  seventy-two. 


Part  V.— MERCHANT  SEAMEN. 


Vessels  exempt  from  libel  for  wages. 

Advances  an<l  allotimmts  of  waj^cs. 

Wages  and  clothing  exempt  from 
attachment. 

Desertion  of  .seamen  abroad. 

Desertion  of  foreign  .seamen  in  the 
United  States. 

Arbitration  before  shipping  com- 
missioner. 

Soliciting  lodgers. 

Return  of  seamen  from  foreign  ports 
and  Alaska. 

Effects  of  deceased  seamen. 

Offenses  and  punishments 

Corporal  punishment  prohibited. 

Procedure. 

Form  of  articles  of  agreement. 

Account  of  a})preutice8. 

Scale  of  provisions. 

Certificate  of  discharge. 

Sick  and  disabled  seamen. 

Jurisdiction  over  American  seamen 
in  foreign  ports  and  foreign  sea- 
men in  American  jtorts. 

Seamen's  witness  fees. 


73.  Definitions.  |     93. 

74.  Naturalization  and  citizenship  of  .sea-  94. 

men.  95. 

75.  Shipping  officers. 

76.  Illegal  shipments.  96. 

77.  Owners  or  masters  may  ship  seamen  97. 

in  certain  cases. 

78.  Apprentices.  98. 

79.  Agreement  to  ship  in  foreign  trade. 

80.  Period  of  eugagement.  99. 

81.  Penalty  of  shipment  without  agree-  100. 

ment. 

82.  Undermanning.  101. 

83.  Shipment    in    foreign    ports   before  102. 

consuls.  103. 

84.  Crew  list.  104. 

85.  Failure  to  produce  crew.  105. 

86.  Papers  relating  to  crew.  106. 

87.  Shipment  of  seamen  in  the  coasting  107. 

or  near-by  foreign  trade.  108. 

88.  Agreement  in  coasting  trade  not  be-  109. 

fore  commissioner.  110. 

89.  Agreement  with  fishermen. 

90.  Discharge  in  foreign  trade. 

91.  Discharge  in  foreign  ports.  111. 

92.  Wages. 

73.  Definitions. 

In  the  construction  of  this  Title  [R.  S.,  4501-4613],  every  r.s.,4612. 
person  having  the  command  of  any  vessel  belonging  to  any 
citizen  of  the  United  States  shall  be  deemed  to  be  the 
"  master"  thereof;  and  every  person  (apprentices  excepted) 
who  shall  be  employed  or  engaged  to  serve  in  any  (capacity 
on  board  the  same  shall  be  deemed  and  taken  to  be  a  "  sea 
man;"  and  the  term  "vessel"  shall  be  understood  to  com- 
prehend every  description  of  vessel  navigating  on  any  sea 
or  channel,  lake  or  river,  to  which  the  provisions  of  this 
Title  may  be  applicable,  and  the  term  "owner"  shall  be 
taken  and  understood  to  comprehend  all  the  several  per- 
sons, if  more  than  one,  to  whom  the  vessel  shall  belong. 

74.  Naturalization  and  citizenship  of  seamen. 

Every  seaman,  being  a  foreigner,  who  declares  his  inten-  ii.s.,2174. 
tion  of  becoming  a  citizen  of  the  United  States  in  any 
competent  court,  and  shall  have  served  three  years  on 
board  of  a  merchant  vessel  of  the  United  States  subse(|uent 
to  the  date  of  such  declaration,  may,  on  his  application  to 
any  competent  court,  and  the  production  of  his  certificate 
of  discharge  and  good  conduct  during  that  time,  togetlier 

55 


56  PART   V. MERCHANT   SEAMEN. 

with  the  certificate  of  his  declaration  of  intention  to  become 
a  citizen,  be  admitted  a  citizen  of  the  United  States;  and 
every  seamau,  being  a  foreigner,  shall,  after  his  declaration 
of  intention  to  become  a  citizen  of  the  United  States,  and 
after  he  shall  have  served  such  three  years,  be  deemed  a 
citizen  of  the  United  States  for  tlie  puri)ose  of  manning 
and  serving  on  board  any  merchant- vessel  of  the  Unite<i 
States,  anything  to  the  contrary  in  any  act  of  Congress 
notwithstanding;  but  such  seaman  shall,  for  all  purposes 
of  protection  as  an  American  citizen,  be  deemed  such,  after 
the  filing  of  his  declaration  of  intention  to  become  such 
citizen. 

R.s.,4588.  The  collector  of  every  district  shall  keep   a  book   or 

books,  in  which,  at  the  request  of  any  seaman,  being  a 
citizen  of  the  United  States  of  America,  and  proihnnng 
proof  of  his  citizenship,  authenticated  in  the  manner  here- 
inafter directed,  he  shall  enter  the  name  of  such  seaman, 
and  shall  deliver  to  him  a  certificate,  in  the  following 
form,  that  is  to  say:  "  I,  A.  B.,  collector  of  the  district  of 
D.,  do  hereby  certify,  that  E.  F.,  an  American  seaman, 

aged years,  or  thereabouts,  of  the  height  of 

feet inches,  (describing  the  said  seaman  as  particu- 
larly as  may  be,)  has,  this  day,  produced  to  me  proof  in 
the  manner  directed  by  law;  and  I  do  hereby  certify  that 
the  said  E.  F.  is  a  citizen  of  the  United  States  of  America. 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal 

June  19, 1886.     ^f  ^^g^^,^  ^j^jg ^^^  ^f „      j^   gj^^U    ^^^   ^^^  ^|^^j.y 

of  the  collectors  to  file  and  preserve  the  proofs  of  citizen- 
ship so  produced. 

E.s.,4591.  The  collector  of  every  port  of  entry  in  the  United  States 

shall  send  a  list  of  the  seamen  to  whom  certificates  of  citi- 
zenship have  been  granted,  once  every  three  months,  to 
the  Secretary  of  State  [together  with  an  account  of  such 
impressments  or  detentions,  as  sball  appear,  by  the  protests 
of  the  masters,  to  have  taken  place]. 

75.  Shipping  officers. 

R.s.,4508.  The  general  duties  of  a  shipping-commissioner  shall  be: 

First.  To  afibrd  facilities  for  engaging  seamen  by  keep- 
ing a  register  of  their  names  and  characters. 

Second.  To  sui)eriutend  their  engagement  and  discharge, 
in  manner  i)rescribed  by  law. 

Third.  To  provide  means  for  securing  the  presence  on 
board  at  the  proper  times  of  men  wlio  are  so  engaged. 

Fourth.  To  facilitate  the  making  of  apprenticeships  to 
the  sea  service. 

Fifth.  To  perform  such  other  duties  relating  to  merchant 
seamen  or  merchant  ships  as  are  now  or  may  hereafter  be 
required  by  law. 

E.s.,4503.  In  any  port  in  which   no   shipping-commissioner  shall 

have  been  appointed,  the  whole  or  any  part  of  the  business 
of  a  shipping  commissioner  shall  be  conducted  by  the  col- 
lector or  deputy  collector  of  customs  of  such  port;  and  in 
respect  of  such  business  such  custom-house  shall  be  deemed 


June  in,  1880. 


PAKT  V. MERCHANT  SEAMEN.  57 

a  sliipi)ing:-oftic*e,  and  the  collt'ctor  or  deputy  colloctor  of 
customs  to  whom  such  biisiiicss  shall  be  committed,  sliall, 
for  all  purposes,  he  deemed  a  shippiuji^-commissioucr  within 
the  meaning  of  this  Title  [K.  S.,  4501-40131. 

Every  shipping  commissioner,  and  every  clerk  or  employe  K.s.,45')r.. 
in  any  ship])ing-()(llice,  who  demands  or  receives  any  remu- 
neration whatever,  either  directly  or  indirectly,  for  hiring 
or  supplj'ing  any  seaujan  for  any  merchant-vessels,  except- 
ing the  lawtul  fees  payable  under  this  Title  [K.  S.,  4501- 
4G13|,  shall,  for  every  such  offense,  be  liable  to  a  penalty 
of  not  more  than  two  hundred  dollars.  [Fees  payable  by 
individuals  abolished  June  ID,  188G.J 

76.  Illegal  shipments. 

All  shipments  of  seamen  made  contrary  to  the  provi-  R.s.,4523. 
sioHs  of  any  act  of  Congress  shall  be  void ;  and  any  seaman 
so  shii)ped  may  leave  the  service  at  any  time,  and  shall  be 
entitled  to  recover  the  highest  rate  of  wages  of  the  port 
from  which  the  seaman  was  shipi^ed,  or  the  sum  agreed  to 
be  given  him  at  his  shipment. 

Any  person  other  than  a  commissioner  under  this  Title  R.s.,4504. 
[E.  S.,  4501-4()lo],  who  shall  i^erform  or  attempt  to  perform, 
either  directly  or  indirectly,  the  duties  which  are  by  this 
Title  set  forth  as  ])ertainiug  to  a  shipping-commissioner, 
shall  be  liable  to  a  penalty  of  not  more  than  live  hundred 
dollars. 

77.  Owners  or  masters  may  ship  seamen  in  certain  cases. 

Nothing  in  this  Title  [R.  S.,  4501-4613],  however,  shall  11.  s.,4504. 
prevent  the  owner,  or  consignee,  or  master  of  any  vessel 
except  vessels  bound  from  a  port  in  the  United  States  to 
any  foreign  port,  other  than  vessels  engaged  in  trade 
between  the  IJnited  States  and  the  British  5<Iorth  Ameri- 
can possessions,  or  tlie  West  India  Islands,  or  the  repnblic 
of  Mexico,  and  vessels  of  the  burden  of  seventy-five  tons 
or  upward  bound  from  a  port  on  the  Atlantic  to  a  port  on 
the  Pacific,  or  vice  versa,  from  performing,  himself,  so  far 
as  his  vessel  is  concerned,  the  duties  of  shipping-commis- 
sioner under  this  Title.  Whenever  the  master  of  any  ves- 
sel shall  engage  his  crew,  or  any  part  of  the  same,  in  any 
collection-district  where  no  shipping  commissioner  shall 
have  been  ap[)ointed,  he  may  perform  for  himself  the  duties 
of  such  commissioner. 

78.  Apprentices. 

Every  shipjHng- commissioner  appointed  under  this  Title  »•  ^-i  ^^09. 
[R.  S.,  4501-4013]  sliall,  if  applied  to  for  the  puii)ose  of  ap- 
prenticing boys  to  the  sea  service,  by  any  master  or  owner 
of  a  vessel,  or  by  any  ])erson  legally  qualified,  give  such 
assistance  as  is  in  his  power  for  facilitating  the  making  of 
such  apprenticeships;  l)ut  the  shipping-commissioner  shall 
ascertain  thattheboy  has  volnntarilyconsented  to  be  bound, 
and  tliat  the  parentsor  guardian  ofsuch  boy  have  consented 
to  such  apprenticeship,  and  that  he  has  attained  the  age  of 


58  PART   V. MERCHANT    SEAMEN. 

twelve  years,  aud  is  of  sufficieut  health  and  strength,  and 
that  tbe  master  to  whom  such  boy  is  to  be  bound  is  a  proper 
person  for  the  purpose.  Such  apprenticeship  shall  termi- 
nate when  the  apprentice  becomes  eighteen  years  of  age. 
The  shipping  commissioner  shall  keep  a  register  of  all  inden- 
tures of  apprenticeship  made  belore  him. 

R.s.,4510.  The  master  of  every  foreign-going  vessel  shall,  before 

carrying  any  apprentice  to  sea  from  any  place  in  the  United 
States,  cause  such  apprentice  to  appear  before  the  shipping- 
commissioner  before  wliom  the  crew  is  engaged,  and  shall 
produce  to  him  the  indenture  by  which  such  apprentice  is 
bound,  and  the  assignment  or  assignments  thereof,  if  any; 
andtlienameof  the  apprentice,  with  the  date  of  the  indenture 
andoftheassignmentorassigiimentsthereof,  if  any,  shallbe 
entered  on  the  agreement;  which  shall  be  in  the  form,  as 
near  as  may  be,  given  in  the  table  marked  "A"  in  the 
schedule  annexed  to  this  Title  [li.  S.,  4501-4613];  and  no 
such  assignment  shall  be  made  without  the  approval  of  a 
commissioner,  of  the  apprentice,  and  of  his  parents  or  his 
guardian.  Forany  violation  of  this  section,  themaster  shall 
be  liable  to  a  penalty  of  not  more  than  one  hundred  dollars. 

79.  Agreement  to  ship  in  foreign  trade. 

R.  s.,  4511.  The  master  of  every  vessel  bound  from  a  port  in  the  United 

States  to  any  foreign  port  other  than  vessels  engaged  in 
trade  between  the  United  States  and  the  British  North 
American  possessions,  or  the  West  India  Islands,  or  the 
republic  of  Mexico,  or  of  any  vessel  of  the  burden  of 
seventy-five  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall,  before 
he  proceeds  on  such  voyage,  make  an  agreement,  in  writing 
or  in  print,  with  every  seaman  whom  he  carries  to  sea  as 
one  of  the  crew,  in  the  manner  hereinafter  mentioned;  and 
every  such  agreement  shall  be,  as  near  as  may  be,  in  the 
form  given  in  the  table  marked  A,  in  the  schedule  annexed 
to  this  Title  [li.  S.,  4501-4613],  and  shall  be  dated  at  tlie 
time  of  the  first  signature  thereof,  and  shall  be  signed  by 
the  master  before  any  seamen  signs  the  same,  and  shall 
contain  the  following  particulars: 

First.  The  nature  and,  as  far  as  practicable,  the  duration 
of  the  intended  voyage  or  engagement,  aud  the  i)ort  or 
country  at  which  the  voyage  is  to  terminate. 

Second.  The  number  and  description  of  the  crew,  sjiecify- 
ing  their  respective  em])loyments. 

Third.  The  time  at  which  each  seaman  is  to  be  on  board, 
to  begin  work. 

Fourth.  The  capacity  in  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to 
receive. 

Sixth.  A  scale  of  the  provisions  which  are  to  be  furnished 

to  each  seaman. 

March  3, 1897.       Sevcuth.  Any  regulations  as  to  conduct  on  board  and 

as  to  fines,  short  allowances  of  provisions,  or  other  lawful 

Sec.  19.  punishments  for  misconduct,  which  may  be  sanctioned  by 

Congress  or  authorized  by  the  Secretary  of  the  Treasury 


PART   V. MERCHANT    SEAIMEN.  59 

not  contrary  to  or  not  otherwise  provided  for  by  law,  which 
the  parties  agree  to  adopt. 

Eighth.  Any  stipnhitions  in  reference  to  allotment  of   Jun.«  jfi,  ih84. 
wages,  or  other  matters  not  contrary  to  law.     [ Repealed  so    ^    ,„ 
far  as  relates  to  allotments  in  trade  between  the  United 
States,  Dominion   of   Canada,  Newfoundland,  the  West    dcc.2i,i898. 
Indies  and  Mexico,  and  coasting  trade  of  the  United  States, 
except  between  Atlantic  and  Pacitic  ])orts,  l)y  sec.  25  of   sec.23. 
Act  of  December  L'l,  1898.] 

The  following  rules  shall  be  observed  with  respect  to    K.s.,4512. 
agreements : 

First.  Every  agreement  except  such  ns  are  otherwise 
specially  provided  for,  shall  be  signed  by  each  seaman  in 
the  presence  of  a  ship[)iug-commissioner. 

Second.  When  the  crew  is  first  engaged  the  agreement 
shall  be  signed  in  duplicate,  and  one  part  shall  be  retained 
by  the  shij)piug  commissioner,  and  the  other  part  shall 
contaiu  a  special  place  or  form  for  the  description  and 
signatures  of  persons  engaged  subsequently  to  the  first 
departure  of  the  ship,  and  shall  be  delivered  to  the  master. 

Third.  Every  agreement  entered  into  before  a  shipping- 
commissioner  shall  be  acknowledged  and  certified  under 
the  hand  and  official  seal  of  such  commissioner.  The  cer- 
tificate of  acknowledgment  shall  be  indorsed  on  or  annexed 
to  the  agreement;  and  shall  be  in  the  following  form: 
"State  of ,  County  of : 

"  On  this day  of ,  personally  appeared  before 

me,  a  shipping-commissioner  in  and  for  the  said  county,  A. 
B.,  C.  D.,  and  E.  F.,  severally  known  to  me  to  be  the  same 
persons  who  executed  the  foregoing  instrument,  who  each 
for  himself  acknowledged  to  me  that  he  had  read  or  had 
heard  read  the  same;  that  he  was  by  me  made  ac(iuainted 
with  the  conditions  thereof,  and  understood  the  same;  and 
that,  while  sober  and  not  in  a  state  of  intoxication,  he 
signed  it  freely  and  voluntarily,  for  the  nses  and  purposes 
therein  mentioned." 

Section  4511  shall  not  apply  to  masters  of  vessels  where  R.s.,4513. 
the  seamen  are  by  custom  or  agreement  entitled  to  partici- 
pate in  the  profits  or  result  of  a  cruise  or  voyage,  nor  to 
masters  of  coastwise  nor  to  masters  of  lake-going  vessels 
that  touch  at  foreign  i)orts;  but  seamen  may,  by  agree- 
ment, serve  on  board  such  vessels  a  definite  tinie,  or,  on 
the  return  of  any  vessel  to  a  port  in  the  United  States, 
may  reshij)  and  sail  in  the  same  vessel  on  anotlier  voyage,  j.mo  19,  isse. 
without  the  payment  of  additional  fees  to  tlie  shipping- 
commissioner. 

[Note. — Section  4511,  however,  does  apply  in  part  to 
masters  of  coastwise  vessels  whose  crews  are  shipped  under 
provisions  of  the  act  of  February  18,  1805.J 

The  master  shall,  at  the  commencement  of  every  voyage  k.  s.,4519. 
or  engagement,  cause  a  legible  copy  of  the  agreement, 
omitting  signatures,  to  be  ])laced  or  ])osted  up  in  such  part 
of  the  vessel  as  to  be  accessible  to  the  crew;  and  on 
default  shall  be  liable  to  a  penalty  of  not  more  than  one 
hundred  dollars. 


Feb.  18, 1895. 


60  PART  V. MERCHANT  SEAMEN. 

80.  Period  of  engagement. 

June  26, 1884.       A  lUiistei"  of  a  vessel  in  the  foreign  trade  may  engage  a 
S(c.  19.  seaman  at  any  port  in  the  United  States,  in  the  manner 

provided  by  law,  to  serve  on  a  voyage  to  any  port,  or  for 
the  round  trip  from  and  to  the  port  of  departure,  O)-  for  a 
definite  time,  whatever  the  destination.  The  master  of  a 
vessel  making  regular  and  stated  trips  between  the  United 
States  and  a  foreign  country  may  engage  a  seaman  for  one 
or  more  round  trips,  or  for  a  definite  time,  or  on  the  return 
of  said  vessel  to  the  United  States  may  reship  such  sea- 
man for  another  voyage  in  the  same  vessel,  in  the  manner 
provided  by  law,  without  the  payment  of  additional  fees  to 
any  officer  for  such  reshipment  or  re-engagement. 

81.  Penalty  for  shipment  without  agreement. 

K.s.,45u.  If  any  person  shall  be  carried  to  sea,  as  one  of  the  crew 

on  board  of  any  vessel  making  a  voyage  as  hereinbefore 
specified,  without  entering  into  an  agreement  with  the 
master  of  such  vessel,  in  the  form  and  manner,  and  at  the 
jjlace  and  times  in  such  cases  required,  the  vessel  shall  be 
held  liable  for  each  such  offense  to  a  penalty  of  not  more 
than  two  hundred  dollars.  But  the  vessel  shall  not  be 
held  liable  for  any  person  carried  to  sea,  who  shall  have 
secretly  stowed  away  himself  without  the  knowledge  of 
the  master,  mate,  or  of  any  of  the  officers  of  the  vessel,  or 
who  shall  have  falsely  ])ersonate(l  himself  to  the  master, 
mate,  or  officers  of  the  vessel,  for  the  purjjose  of  being 
carried  to  sea. 

R.s.,4515.  If  any  master,  mate,  or  other  officer  of  a  vessel  know- 

ingly receives,  or  accepts,  to  be  entered  on  board  of  any 
merchant- vessel,  any  seaman  who  has  been  engaged  or 
supplied  contrary  to  the  provisions  of  this  Title  [R.  S., 
45(»1-4613],  the  vessel  on  board  of  which  such  seaman 
shall  be  found  shall,  for  every  such  seaman,  be  liable  to  a 
penalty  of  not  more  than  two  hundred  dollars. 

82.  Undermanning. 

Dec  21^1898         ^^  ^^®^  ®^  dcsertion  or  casualty  resulting  in  the  loss  of 
sec.i.  one  or  more  seamen,  the  master  must  ship,  if  obtainable,  a 

number  equal  to  the  number  of  those  whose  services  he  has 
been  deprived  of  by  desertioA  or  casualty,  who  must  be  of 
the  same  grade  or  rating  and  equally  expert  with  those 
whose  place  or  position  they  refill,  and  report  the  same 
to  the  United  States  consul  at  the  first  port  at  which  he 
shall  arrive,  without  incurring  tlie  penalty  prescribed  by 
the  two  jireceding  sections.  [This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or  yachts,  Dec.  21, 1898,  sec.  20.] 

83.  Shipment  in  foreign  ports  before  consufs. 

R.  s.,4517.  Every  master  of  a  merchant-vessel  who  engages  any  sea- 

man at  a  place  out  of  the  United  States,  in  which  there  is 
a  consular  officer  or  commercial  agent,  shall,  before  carry- 
ing such  seaman  to  sea,  procure  the  sanction  of  such  ofiicer, 
and  shall  engage  seamen  in  his  presence;  and  the  rules 


PART    V. MERCHANT    SEAMEN. 


Gt 


governing:  the  engagement  of  seamen  before  a  shippinf^- 
commissionev  in  the  United  States,  shall  apply  to  sncli 
engagements  made  before  a  consular  officer  or  commercial 
agent;  and  upon  every  such  engagement  the  consular  ofli- 
cer  or  connnercial  agent  shall  indorse  upon  the  agrecniont 
his  sanction  thereof,  and  an  attestation  to  the  etiectt  that 
the  same  has  been  signed  in  his  ])re8ence,  and  otherwise 
duly  made. 

Every  master  who  engages  any  seaman  in  any  place  in 
which  tliere  is  a  consular  olticer  or  commercial  agent,  other- 
wise than  as  required  by  tlie  ])receding  section,  shall  incur 
a  ])enalty  of  not  more  tlian  one  hunihed  dollars,  for  which 
penalty  the  vessel  shall  be  held  liable. 

Every  master  of  a  vessel  in  the  foreign  trade  may  engage 
any  seaman  at  any  port  out  of  the  United  iStates,  in  the 
manner  provnled  by  law,  to  serve  for  one  or  more  round 
trips  irom  and  to  the  port  of  departure,  or  for  a  definite 
time,  whatever  the  destination;  and  the  master  of  a  vessel 
clearing  from  a  port  of  the  United  IStates  with  one  or  more 
seamen  engaged  in  a  foreign  port  as  herein  provided  shall 
not  be  required  to  reship  in  a  port  of  the  United  Stages  the 
seamen  so  engaged  [or  to  give  bond,  as  required  by  section 
forty-five  hundred  and  seventy-six  of  the  Revise<l  Statutes, 
to  produce  said  seamen  before  a  boarding  oflicer  on  the 
return  of  said  vessel  to  the  United  States.! 


S.,  <518. 


Juno  i!G,  1884. 
Sec.  20. 


March  3,  1897. 
Sec.  3. 


84.  Crew  list. 

Before  a  clearance  is  granted  to  any  vessel  bound  on  a  R.s.,4573. 
foreign  voyage  or  engage<l  in  the  whale-tishery,  the  master 
thereof  shall  deliver  to  the  collector  of  the  customs  a  list 
containing  the  names,  places  of  birth  and  residence,  and 
descripticm  of  the  ])ersons  who  compose  his  ship's  com- 
pany; to  which  list  the  oath  of  the  caj)tain  shall  be 
annexed,  that  the  list  contains  the  names  of  his  crew, 
together  with  the  places  of  their  birth  and  residence,  as 
far  as  he  can  ascertain  them ;  and  the  collector  shall  deliver  Juue  lo,  isoe. 
him  a  certified  copy  thereof. 

In  all  cases  of  private  vessels  of  the  United  States  sail-  R.s.,4574. 
ing  from  a  port  in  the  United  States  to  a  foreign  port,  the 
list  of  the  crew  shall  be  examined  by  the  collector  for  the 
district  from  whicli  the  vessel  shall  clear,  and,  if  api)roved 
of  by  him,  shall  be  certified  accordingly.  No  iJcrson  shall 
be  admitted  or  emi)loyed  on  board  of  any  sucli  vessel  unless 
his  name  shall  have  been  entered  in  the  list  of  the  crew, 
ap])roved  and  certified  by  the  collector  for  the  district  from 
which  the  vessel  shall  clear.  The  collectoi-,  before  he 
delivers  the  hst  of  the  crew,  approved  and  certified,  to  the 
master  or  i)roper  ofQcer  of  the  vessel  to  which  the  same 
belongs,  shall  cause  the  same  to  be  recorded  in  a  book  by 
him  for  that  purpose  to  be  i)rovided,  and  the  record  sliall 
be  open  for  the  inspection  of  all  persons,  and  a  certified 
copy  thereof  shall  be  admitted  in  evidence  in  any  court  in 
which  any  (juestion  may  arise  under  any  of  the  provisions 
of  this  Title  [K.  S.,  4501-4(}13|. 


62  PART    V. — MERCHANT    SEAMEN. 

85.  Failure  to  produce  crew. 

R.s.,4576.  Tije  master  of  every  vessel  bound  on  a  foreign  voyage  or 

Mar.  3, 1897.     engaged  in  tlie  wliale  fishery  shall  exhibit  the  certified  copy 
Sec. 3.  ^^  ^^^  j.g^  ^^  ^^^  ^^^^^  ^^  ^^^  g^^^  boarding  officer  at  the  first 

port  in  the  United  States  at  which  he  shall  arrive  on  liis 
return,  and  also  produce  the  persons  named  therein  to  the 
boarding  officer,  whose  duty  it  shall  be  to  examine  the  men 
with  such  list  and  to  report  the  same  to  the  collector;  and 
it  shall  be  the  duty  of  the  collector  at  the  port  of  arrival, 
where  the  same  is  different  from  the  port  from  which  the 
vessel  originally  sailed,  to  transmit  a  copy  of  the  list  so 
reported  to  him  to  the  collector  of  the  ])ort  fronr  which  such 
vessel  originally  sailed.  For  each  failure  to  produce  any 
person  on  the  certified  copy  of  the  list  of  the  crew  the  master 
and  OAvner  shall  be  severally  liable  to  a  penalty  of  four 
hundred  dollars,  to  be  sued  for,  prosecuted,  and  disposed  of 
in  such  manner  as  penalties  and  forfeitures  which  may  be 
incurred  for  offenses  against  the  laws  relating  to  the  collec- 
tion of  duties;  but  such  penalties  shall  not  be  incurred  on 
account  of  the  master  not  producing  to  the  first  boarding 
oiiicer  any  of  t  he  persons  contained  in  the  list  who  may  have 
been  discharged  in  a  foreign  country  with  the  consent  of  the 
consul,  vice  consul,  commercial  agent,  or  vice-commercial 
agent  there  residing,  certitied  in  writing,  under  his  hand 
and  official  seal,  to  be  produced  to  the  collector  with  the 
other  persons  comi^osing  the  crew,  nor  on  account  of  any 
such  person  dying  or  absconding  or  being  forcibly  impressed 
into  other  service  of  which  satisfactory  proof  shall  also  be 
exhibited  to  the  collector. 

86.  Papers  relating  to  crew. 

The  following  rules  shall  be  observed  with  reference  to 
vessels  bound  on  any  foreign  voyage: 

R.s.,4575.  .  First.  The  duplicate  list  of  the  ship's  company,  required 
to  be  made  out  by  the  master  and  delivered  to  the  col- 
lector of  the  customs,  under  section  forty-tive  hundred  and 
seventy  three,  shall  be  a  fair  copy  in  one  uniform  hand- 
writing, without  erasuie  or  interlineation. 

Second.  It  shall  be  the  duty  of  the  owners  of  every  such 
vessel  to  obtain  from  the  shipping  commissioner,  or  ofilcer 
acting  as  such  in  [collector  of  the  customs  of]  the  district 
from  which  the  clearance  is  made,  a  true  and  certified  copy 
of  the  shipping  articles,  containing  the  names  of  the  crew, 
which  shall  be  written  in  a  uniform  hand,  without  erasures 
or  interlineations. 

Third.  These  documents,  which  shall  be  deemed  to  con- 
tain all  the  conditions  of  contract  with  the  crew  as  to  their 
service,  pay,  voyage,  and  all  other  things,  shall  be  produced 
by  tlie  master,  and  laid  before  any  consul,  or  other  commer- 
cial agent  of  the  United  States,  whenever  he  may  deem  their 
contents  necessary  to  enable  him  to  discharge  the  duties 
imposed  upon  him  by  law  toward  any  mariner  applying  to 
him  for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  in  a 
hand  different  from  that  in  which  such  duplicates  were 


PART  V. MERCHANT  SEAMEN.  63 

originally  made,  shall  be  deemed  fraudulent  alterations, 
working  no  cliauge  in  such  papers,  utdess  satisfactorily 
explained  in  a  manner  consistent  with  innocent  i)urposes 
and  the  provisions  of  law  which  guard  the  rights  of 
mariners. 

Fifth.  If  any  master  of  a  vessel  shall  i)roceed  on  a  foreign 
voyage  without  the  documents  herein  reciuired,  or  refuse 
to  produce  them  when  recpiired,  or  to  perform  the  duties 
imposed  by  this  section,  or  shall  violate  the  provisions 
thereof,  he  shall  be  liable  to  each  and  every  individual 
injured  thereby  in  damages,  to  be  recovered  in  any  court 
of  the  lltnted  States  in  the  district  where  such  delinquent 
may  reside  or  be  found,  and  in  addition  thereto  be  jiunish- 
able  by  a  tine  of  one  hundred  dollars  for  each  otleiise. 

Sixth.  It  shall  be  the  duty  of  the  boarding-ollicer  to 
report  all  violations  of  this  section  to  the  collector  of  the 
port  where  any  vessel  may  arrive,  and  the  collector  shall 
report  the  same  to  the  Secretary  of  the  Treasury  and  to  the 
United  States  attorney  in  his  district. 

87.  Shipment  of  seamen  in  the  coasting  or  near-by  foreign  trade. 

None  of  the  provisions  of  an  act  entitled  ''An  act  to    Jimc 9,1874. 
authorize  the  appointment  of  shipping  commissioners  by    Ji>u«  is*.  i>*8g. 
the  several  circuit  couits  of  the  United  States  to  superin-    ^®^-^^  ^^^^• 
tend  the  shijiping  and  discharge  of  seamen  engaged  in 
merchant  ships  belonging  to  the  United  States,  and  for 
the  further  protection  of  seamen"  shall  apply  to  sail  or 
steam  vessels  engaged  in  the  coastwise  trade,  (except  the 
coastwise  trade  between  the  Atlantic  and  Pacific  coasts,)  or 
in  the  lake-going  trade  touching  at  foreign  ports  or  other- 
wise, or  in  the  trade  between  the  United  States  and  the 
British  North  American  i)ossessions,  or  in  any  case  where 
the  seamen  are  by  custom  or  agreement  entitled  to  partici- 
pate in  the  profits  or  result  of  a  cruise,  or  voyage. 

Shipping  commissioners  may  ship  and  discharge  crews  Juue  19, isse. 
for  any  vessel  engaged  in  the  coastwise  trade,  or  the  trade  '^''•^•-• 
between  the  United  States  and  the  Dominion  of  Canada, 
or  Newfoundland,  or  the  West  Indies,  or  the  Republic  of 
Mexico,  at  the  request  of  the  master  or  owner  of  such 
vessel,  the  shipping  and  discharging  fees  in  such  cases  to 
be  one-half  that  i)rescribed  by  section  forty-six  hundred 
and  twelve  of  the  Revised  Statutes,  for  the  purpose  of 
determining  the  compensation  of  shipping  commissioners. 

When  a  crew  is  shipped  by  a  shipping  commissioner  for  i' eb.  is,  1895. 
any  American  vessel  in  the  coastwise  trade,  or  the  trade 
between  the  United  States  and  the  Dominion  of  Canada, 
or  New  Foundland,  or  the  West  Indies,  or  Mexico,  as  author- 
ized by  section  two  of  an  Act  ai)]m)ved  June  nineteenth, 
eighteen  hundred  and  eighty-six,  entitled  "An  Act  to 
abolish  certain  fees  for  otiicial  services  to  American  vessels, 
and  to  amend  the  laws  relating  to  shipping  commissioners, 
seamen,  and  owners  of  vessels,  and  for  other  puri)oses,"  an 
agreement  shall  be  made  with  each  seaman  engaged  as 
one  of  such  (!iew  in  the  same  manner  as  is  provided  by 
Sections  four  thousand  five  hundred  and  eleven  and  four 


64  PART  V. MERCHANT  SEAMEN. 


tliousand  live  hundred  and  twelve  of  tbe  Eevised  Statutes, 
Mar.3, 1897.  uot  bowevBi' iiicludiug'  tliB  sixtb  and  eighth  items  of  Sec- 
Sec. 8.  ^JQjj  f^^^^,  thousand  live  hundred  and   eleven;  and   such 

Sec  25  agreement  shall  be  posted  as  provided  in  Section  four  thou- 

saud  five  hundred  and  nineteen,  and  such  seamen  shall  be 
discharged  and  receive  their  wages  as  provided  by  the  first 
clause  of  Section  four  thousand  five  liundred  and  twenty- 
nine  and  also  by  Sections  four  thousand  five  hundred  aiid 
twenty-six,  four  thousand  five  hundred  and  twenty-seven, 
four  thousand  five  hundred  and  twenty-eight,  four  tliousainl 
five  hundred  and  thirty,  four  thousand  five  hundred  and 
thirty  five,  four  thousan<l  five  hundred  and  thirty  six,  four 
thousand  five  hundred  and  forty  two,  four  thcnisaud  five 
hundred  and  forty  three,  four  thousand  five  hundred  and 
forty-four,  four  thousand  five  hundred  and  forty-five,  four 
thousand  five  hundred  aud  forty-six,  four  thousand  five 
hundred  and  forty-seven,  four  thousand  five  hundred  and 
forty  nine,  four  thousand  five  hundred  and  fifty,  four  thou 
sand  five  hundred  aud  fifty  one, four  thousand  five  hundred 
and  fifty-two,  four  thousand  five  hundred  and  fifty-three, 
Mar. 3, 1897.  fom-  thousaud  fivc  hundred  and  fifty  four  and  four  thou- 
^^''•^'  sand  six  hundred  and  two  of  the  Eevised  Statutes;  but  in 

all  other  respects  such  sliipment  of  seamen  and  such  shi])- 
piug  agreement  shall  be  regarded  as  if  botli  shipment  and 
agreement  had  been  entered  into  between  the  master  of 
a  vessel  and  a  seaman  without  going-  before  a  shipi)ing 
commissioner. 

88.  Agreement  in  coasting  trade  not  before  commissioner. 

E.s.,4520.  Every  master  of  any  vessel  of  the  burden  of  fifty  tons 

or  uj)ward,  bound  from  a  jjort  in  one  State  to  a  port  in  any 
other  than  an  adjoining  State,  except  vessels  of  the  burden 
of  seventy  five  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall,  before 
he  proceeds  on  such  voj' age,  make  an  agreement  in  writing 
or  in  print,  with  every  seaman  on  board  such  vessel  except 
such  as  shall  be  apprentice  or  servant  to  himself  or  owners, 
declaring  the  voyage  or  term  of  time  for  which  such  sea- 
man shall  be  shipped. 

R.s.,4521.  If  any  master  of  such  vessel  of  the  burden  of  fifty  tons 

or  upward  shall  carry  out  any  seaman  or  mariner,  except 
apprentices  or  servants,  without  such  contract  or  agree- 
ment being  first  made  and  signed  by  the  seamen,  such 
master  shall  pay  to  every  such  seaman  the  highest  price 
or  wages  which  shall  have  been  given  at  the  port  or  place 
where  such  seaman  was  shipped,  lor  a  similar  voyage, 
within  three  months  next  before  the  time  of  such  shipi)ing, 
if  such  seaman  shall  perform  such  voyage;  or  if  not,  then 
for  such  time  as  he  shall  continue  to  do  duty  on  board  such 
vessel;  and  shall  moreover  be  liable  to  a  penalty  of  twenty 
dollars  for  every  such  seaman,  recoverable,  one-half  to  the 
use  of  the  person  prosecuting  for  the  same,  and  the  other 
half  to  the  use  of  the  United  States.  Any  seaman  who 
has  not  signed  such  a  contract  shall  not  be  bound  by  the 
regulations  nor  subiect  to  the  penalties  and  forfeitures 
contained  in  this  Title  [R.  S.,  4501-4613]. 


PART    V. MERCHANT    SEA.MEX.  05 


At  the  foot  of  every  such  contract  to  ship  upon  such  a  E.s.,4522. 
vessel  of  the  burden  of  fifty  tons  or  upward  tliere  shall  be  gJJ ,;^' '**"• 
a  memorandum  in  writing  of  the  day  and  the  hour  when 
such  seaman  who  shipped  and  subscribed  shall  render  him- 
self on  board  to  begin  the  voyage  agreed  upon.  If  any 
seaman  shall  negle(;t  to  render  himself  on  board  the  vessel 
for  which  he  has  shipped  at  the  time  mentioned  in  such 
memorandum  witliout  giving  twenty-four  hours'  noth-e  of 
his  inability  to  do  so,  and  if  the  master  of  the  vessel  shall, 
on  the  day  in  which  such  neglect  happened,  make  an  entry 
in  the  log  book  of  such  vessel  of  the  name  of  such  seaman, 
and  shall  in  like  manner  note  the  time  that  he  so  neglected 
to  render  himself  after  the  time  appointed,  then  every  such 
seaman  shall  forfeit  for  every  hour  which  he  shall  so  neg- 
lect to  render  himself  one  half  of  one  day's  pay,  according 
to  the  rate  of  wages  agreed  upon,  to  be  deducted  out  of  the 
wages.  If  any  such  seaman  shall  wholly  neglect  to  render 
himself  on  board  (»f  such  vessel,  or  having  rendered  him- 
self on  board  shall  afterwards  desert,  he  shall  forieit  all  of 
his  wagesor  emoluments  which  he  has  then  earned.  |This 
section  shall  not  apply  to  fishing  or  whaling  vessels  or 
yachts,  Dec.  21,  181)8,  Sec.  2G.] 

89.  Agreement  with  fishermen. 

The  master  of  any  vessel  of  the  burden  of  twenty  tons  R.s.,4391. 
or  upward,  qualified  according  to  law  for  carrying  on  the 
bank  and  other  cod  fisheries,  or  the  mackerel-fishery,  bound 
from  a  port  of  the  United  States  to  be  employed  in  any 
such  fishery,  at  sea,  shall,  before  proceeding  on  such  fish- 
ing-voyage, make  an  agreement  in  writing  with  every 
fisherman  who  may  be  employed  therein,  except  only  an 
apprentice  or  servant  of  himself  or  owner,  and,  in  addition 
to  such  terms  of  shipment  as  may  be  agreed  on,  shall,  in 
such  agreement,  express  whether  the  same  is  to  continue 
for  one  voyage  or  for  the  fishing-season,  and  shall  also  ex- 
press that  the  fish  or  the  proceeds  of  such  fishing-voyage 
or  voyages  which  may  appertain  to  the  fishermen  shall  be 
divided  among  them  in  proportion  to  the  quantities  or  num- 
ber of  such  fish  which  they  may  respectively  have  caught. 
Such  agreement  shall  be  indorsed  or  countersigned  by  the 
owner  of  such  fishing-vessel  or  his  agent. 

If  any  fisherman,  having  engaged  himself  for  a  voyage  ii.s.,4392. 
or  for  the  fishing  season  in  any  fishing-vessel  and  signed 
an  agreement  therefor,  thereafter  and  while  such  agreement 
remains  in  force  and  to  be  performed  deserts  or  absents 
himself  from  such  vessel  without  leave  of  the  master 
thereof,  or  of  the  owner  or  his  agent,  such  deserter  shall 
be  liable  to  the  same  penalties  as  deserting  seamen  are 
subject  to  in  the  merchant  service,  and  may  in  the  like 
manner,  and  ui)on  the  like  complaint  and  proof,  be  appre- 
hended and  detained;  and  all  costs  of  process  and  commit- 
ment, if  paid  by  the  master  or  Owner,  shall  be  deducted 
out  of  the  share  of  fish  or  proceeds  of  any  fishing-voyage 
to  which  such  deserter  had  or  shall  become  entitled.  Every 
fisherman,  having  so  engaged  himself,  who  during  such 
NAV  99,  PT  2 o 


66  PART  V. MERCHANT  SEAMEN. 

fisliing- voyage  refuses  or  neglects  his  proper  duty  on  board 
the  tishiiig-vessel,  being  thereto  ordered  or  recjuired  by  the 
master  thereof,  or  otherwise  resists  his  just  commands  to 
the  hindrance  or  detriment  of  such  voyage,  besides  being 
answerable  for  all  damages  arising  thereby,  shall  forfeit  to 
the  use  of  the  owner  of  such  vessel  his  share  of  any  public 
allowance  which  may  be  paid  upon  such  voyage. 

K.  s.,  4393.  Whenever  an  agreement  or  contract  is  so  made  and  signed 

for  a  tishing-voyage  or  for  the  fishing-seasou,  and  any  tish 
caught  on  board  such  vessel  daring  the  same  are  delivered 
to  the  owner  or  to  his  agent,  for  cure,  and  sold  by  such  owner 
or  agent,  such  vessel  shall,  for  the  term  of  six  months  after 
such  sale,  be  liable  for  the  master's  and  every  other  fisher- 
man's share  of  such  tish,  and  may  be  proceeded  against  in 
the  same  form  and  to  the  same  effect  as  any  other  vessel  is 
by  law  liable,  and  may  be  proceeded  against  for  the  wages 
of  seamen  or  mariners  in  the  merchant  service.  Upon  such 
proceeding  for  the  value  of  a  share  or  shares  of  the  pro- 
ceeds of  tish  so  delivered  and  sold  it  shall  be  incumbent  on 
the  owner  or  his  agent  to  produce  a  just  account  of  the  sales 
and  division  of  such  fish  according  to  such  agreement  or 
contract;  otherwise  the  vessel  shall  be  answerable  upon 
such  proceeding  for  what  may  be  the  highest  value  of  the 
shares  demanded.  But  in  all  c;ises  the  owner  of  such  ves- 
sel or  his  agent,  appearing  to  answer  in  such  proceeding, 
may  ofier  thereupon  his  account  of  general  su])plies  made 
for  such  fishing- voyage  and  of  other  supplies  therefor  made 
to  either  of  the  demandants,  and  shall  be  allowed  to  pro- 
duce evidence  thereof  in  answer  to  their  demands  respec- 
tively; and  judgment  shall  be  rendered  upon  such  proceed- 
ing for  the  respective  balances  which  upon  such  an  inquiry 
shall  appear. 

K.s.,4394.  When  process    shall    be  issued  against   any  vessel   so 

liable,  if  the  owner  thereof  or  his  agent  will  give  bond  to 
each  fisherman  in  whose  favor  such  process  shall  be  insti- 
tuted, with  suflQcient  security,  to  tlie  satisfaction  of  two 
justices  of  the  peace,  of  whom  one  shall  be  named  by  such 
owner  or  agent,  and  the  other  by  the  fisherman  or  fisher- 
men pursuiug  such  i)rocess,  or  if  either  party  shall  refuse, 
then  the  justice  first  api)oii:ted  shall  name  his  associate, 
with  condition  to  answer  and  pay  whatever  sum  shall  be 
recovered  by  him  or  them  on  such  process,  there  shall  be 
an  immediate  discharge  of  such  vessel.  J^othing  in  this 
or  the  preceding  section  shall  prevent  any  fisherman  from 
having  iiis  action  at  common  law  for  his  share  or  shares  ot 
fish  or  the  proceeds  thereof. 

90.  Discharge  in  foreign  trade. 

R.  s.,4549.  All  seamen  discharged  in  the  United  States  from  mer- 

chant vessels  engaged  in  voyages  from  a  port  in  the  United 
States  to  any  foreign  port,  or,  beingof  theburden  of  seventy- 
five  tons  or  upward,  from  a  port  on  the  Atlantic  to  a  port 
on  the  Pacific,  or  vice  versa,  shall  be  discharged  and  receive 
their  wages  in  the  presence  of  a  duly  authorized  shipping- 
commissioner  under  this  Title  \\l.  S.,  4501-4(513],  except  in 


PART    y. MERCHANT    SEaMEX.  G7 

cases  where  some  competent  court  otherwise  directs ;  and 
any  master  or  owner  of  any  such  vessel  wlio  discharges  any 
such  seaman  belonging-  thereto,  or  pays  liis  wages  within 
the  LTnited  States  in  any  other  manner,  shall  be  liable  to  a 
penalty  of  not  more  than  fifty  dollars. 

Every  master  shall,  not  less  than  forty-eight  hours  before  k.  s..  «5o. 
paying  off  or  discharging  any  seaman,  deliver  to  him,  or,  if 
he  is  to  be  discharged  before  a  shii)pingcommissioner,  to 
such  sliipi)ing-commissioner,  a  full  and  true  account  of  his 
wages,  and  all  deductions  to  be  made  therefrom  on  any 
account  whatsoever;  and  in  default  shall,  for  each  offense, 
be  liable  to  a  penalty'  of  not  more  than  hfty  dollars.  No 
deduction  from  the  wages  of  any  seaman  except  in  respect 
of  some  matter  happening  after  such  delivery  shall  be 
allowed,  unless  it  is  included  in  the  account  delivered;  and 
the  master  shall,  during  the  voyage,  enter  the  various  mat- 
ters in  respect  to  which  such  deductions  are  made,  with 
the  amounts  of  the  respective  deductions  as  they  occur,  in 
the  orticial  log-book,  and  shall,  if  required,  produce  such 
book  at  the  time  of  the  payment  of  wages,  and,  also,  upon 
the  hearing,  before  any  competent  authority,  of  any  com- 
plaint or  question  relating  to  such  payment. 

Upon  the  discharge  of  any  seaman,  or  upon  payment  of  K.s.,4551. 
his  wages,  the  master  shall  sign  and  give  him  a  certiheate 
of  discharge,  specifying  the  period  of  his  service  and  the 
time  and  place  of  his  discharge,  in  the  form  marked  Table 
B  in  the  schedule  annexed  to  this  Title  [R.  S,,  4501-4(>13|; 
and  every  master  who  fails  to  sign  and  give  to  such  sea- 
man such  certificate  and  discharge,  shall,  for  each  such 
offense,  incur  a  penalty  not  exceeding  fifty  dollars.  But 
whenever  the  master  shall  discharge  his  crew  or  any  part 
thereof  in  any  collection  district,  where  no  shipping  com- 
missioner has  been  appointed,  he  may  perform  for  himself 
the  duties  of  such  commissioner. 

91.  Discharge  in  foreign  ports. 

Upon  the  application  of  the  master  of  any  vessel  to  a    r.  s.,458o. 
consular  otticer  to  discharge  a  seaman,  or  upon  the  appli-    Juno26,i884. 
cation  of  any  seaman  for  his  own  discharge,  if  it  appears    ^^'^•-■ 
to  such  ofhcer  that  said  seaman  has  completed  his  shipi)ing 
agreement,  or  is  entitled  to  his  discharge  under  any  act  of 
Congress  or  according  to  the  general  princi])les  or  usages 
of  maritime  law  as  recognized  in  the  United  States,  such 
officer  shall  discharge  said  seaman,  and  require  from  the 
master  of  said  vessel,  before  such  discharge  shall  be  made, 
payment  of  the  wages  which  may  then  be  due  said  seaman ; 
but  no  payment  of  extra  wages  shall  be  recjuired  by  any 
consular  officer  uj^on  such  discharge  01  any  seaman  except 
as  provided  m  this  act. 

If  any  consular  officer,  when  discharging  any  seaman,    u.s.,458i. 
shall  neglect  to  require  the  payment  of  and  collect  the    noo.21,  i898. 
arrears  of  wages  and  extra  wages  recjuired  to  be  paid  in 
the  case  of  the  discharge  of  any  seaman,  he  shall  be  account- 
able to  the  United  States  for  the  full  amount  thereof.     The 


Soc.  16 


68  PART   V. —  MERCHANT    SEAMEN. 

master  shall  provide  any  seaman  so  discharged  with  em- 
ployment on  a  vessel  agreed  to  by  the  seaman,  or  shall  pro- 
vide him  with  one  month's  extra  wages,  if  it  sluiU  be  shown 
to  the  satisfaction  of  the  consul  that  such  seaman  was  not 
discharged  for  neglect  of  duty,  incompetency,  or  injury 
incurred  on  the  vessel.  If  the  seaman  is  discharged  by 
voluntary  consent  before  the  consul,  he  shall  be  entitled  to 
his  wages  up  to  the  time  of  his  discharge,  but  not  for  any 
further  period.  If  the  seaman  is  discharged  on  account  of 
injury  or  illness, incapacitating  him  for  service,  the  expeuvses 
of  his  maintenance  and  return  to  the  United  States  shall 
be  paid  from  the  fund  for  the  maintenance  and  transporta- 
tion of  destitute  American  seamen. 

R.s.,4582.  Whenever  a  vessel  of  the  United  States  is  sold  in  a  for- 

Dec.2i,  1898.     eigu  couutry  and  her  company  discharged,  it  shall  be  the 
Sec.  17.  duty  of  the  master  to  produce  to  the  consular  officer  a  cer- 

tified list  of  the  shii)'s  company,  and  also  the  shipping  arti- 
cles, and  besides  paying  to  each  seaman  or  apprentice  the 
wages  due  him,  he  shall  either  provide  him  with  adequate 
employment  on  board  some  other  vessel  bound  to  the  port 
at  which  he  was  originally  shipped,  or  to  such  other  port 
as  may  be  agreed  upon  by  him,  or  furnish  the  means  of 
sending  him  to  such  port,  or  provide  him  with  a  passage 
home,  or  deposit  with  the  consular  officer  such  a  sum  of 
money  as  is  by  the  officer  deemed  sufficient  to  defray  the 
expenses  of  his  maintenance  and  passage  home;  and  the 
consular  officer  shall  indorse  upon  the  agreement  with  the 
crew  of  the  ship  which  the  seaman  or  apprentice  is  leaving 
tlie  particulars  of  any  payment,  provision,  or  deposit  made 
under  this  section.  A  failure  to  comply  with  the  provi- 
sions of  this  section  shall  render  the  owner  liable  to  fine  of 
not  exceeding  fifty  dollars. 

R.s.,4583.  Whenever  on  the  discharge  of  a  seaman  in  a  foreign 

Dec. 21, 1898.     couutry  by  a  consular  officer  on  his  complaint  that  the 
Sec.  18.  voyage  is  continued  contrary  to  agreement,  or  that  the 

vessel  is  badly  provisioned  or  unseaworthy,  or  against  the 
officers  for  cruel  treatment,  it  shall  be  the  duty  of  the  con- 
sul or  consular  agent  to  institute  a  proper  inquiry  into  the 
matter,  and,  upon  his  being  satisfied  of  the  truth  and  jus- 
tice of  such  complaint,  he  shall  require  the  master  to  pay 
to  such  seaman  one  month's  wages  over  and  above  the 
wages  due  at  the  time  of  discharge,  and  to  provide  him 
with  adequate  employment  on  board  some  other  vessel,  or 
provide  him  with  a  passage  on  board  some  other  vessel 
bound  to  the  port  from  which  he  was  originally  shipped,  or 
to  the  most  convenient  port  of  entry  in  the  United  States, 
or  to  a  port  agreed  to  by  the  seaman. 

92.  Wages. 

R.s.,4535.  -^Q  seaman  shall,  by  any  agreement  other  than  is  pro- 

vided by  this  Title  [R.  S.,  4501-4613 1,  forfeit  his  lien  upon 
tlie  ship,  or  be  deprived  of  any  remedy  for  the  recovery  of 
his  wages  to  which  he  would  otherwise  have  been  entitled; 
and  every  stipulation  in  any  agreement  inconsistent  with 


PART    V. MERCHANT    SEAMEN.  69 

any  provision  of  this  Title,  and  every  stipulation  by  which 
any  seaman  consents  to  abandon  his  riglit  to  his  wages  in 
the  case  of  the  loss  of  the  ship,  or  to  abandon  any  right 
which  he  may  have  or  obtain  in  the  nature  of  salvage,  shall 
be  wholly  inoperative. 

The  following  rules  shall  be  observed  with  respect  to  the    j:.s.,4r)r.2. 
settlement  of  wages: 

First.  Upon  the  completion,  before  a  shipping  comrais 
sioner,  of  any  discharge  and  settlement,  the  master  or 
owner  and  each  seaman,  respectively,  in  the  i)rescnce  of 
the  shipping-commissioner,  shall  sign  a  mutual  release  of 
all  claims  for  wages  in  respect  of  the  past  voyage  or  engage- 
ment, and  the  shipping-commissioner  shall  also  sign  and 
attest  it,  and  shall  retain  it  in  a  book  to  be  kept  for  tliat 
l)urpose,  provided  both  the  master  and  seaman  assent  to 
such  settlement,  or  the  settlement  has  been  adjusted  by 
the  ship])ing  comn)issioner. 

iSecond.  i5uch  release,  so  signed  and  attested,  shall  oper- 
ate as  a  mutual  discharge  and  settlement  of  all  demands 
for  wages  between  the  parties  thereto,  on  account  of  wages, 
in  respect  of  the  past  voyage  or  engagement. 

Third.  A  copy  of  such  release,  certified  under  the  hand 
and  seal  of  such  shipping  commissioner  to  be  a  true  copy, 
shall  be  given  by  him  to  any  party  thereto  requiring  the 
same,  and  such  copy  shall  be  receivable  in  evidence  u[)on 
any  future  question  touching  such  claims,  and  shall  have 
all  the  effect  of  the  original  of  which  it  purports  to  be  a 
copy. 

Fourth.  In  cases  in  which  discharge  and  settlement 
before  a  shipping  commissioner  are  required,  no  payment, 
receipt,  settlement,  or  discharge  otherwise  made  shall  oper- 
ate as  evidence  of  the  release  or  satisfaction  of  any  claim. 

Fifth.  Ui)on  payment  being  made  by  a  master  before  a 
shi[)ping  commissioner,  the  sliipping-commissioner  shall,  if 
re(}uired,  sign  and  give  to  such  master  a  statement  of  the 
whole  amount  so  paid;  and  such  statement  shall,  between 
the  master  and  his  employer,  be  received  as  evidence  that 
he  has  made  the  payments  therein  mentioned. 

Upon  eveiy  discharge  effected  before  a  shipping-commis-  R.s.,4553. 
sioner,  the  master  shall  make  and  sign,  in  the  form  given 
in  the  table  marked  "IJ,"  in  the  schedule  annexed  to  this 
Title  [K.  S.,  4r)01-4<)13],  a  report  of  the  conduct,  character, 
and  qualifications  of  the  persons  discharged;  or  nniy  state 
in  such  form,  that  he  declines  to  give  any  o])inion  upon 
such  particulars,  or  upon  any  of  them;  and  the  commis- 
sioner shall  keei)  a  register  of  the  same,  and  shall,  if  desired 
so  to  do  by  any  seaman,  give  to  him  or  indorse  on  his  cer- 
tificate of  discharge  a  copy  of  so  much  of  such  report  as 
concerns  him. 

A  seaman's  right  to  wages  and  provisions  shall  be  taken    K.s.,4524. 
to  commence  either  at  the  time  at  which  he  commences 
work,  or  at  the  time  specified  in  the  agreement  for  his  com- 
mencement of  work  or  presence  on  board,  whichever  first 
happens. 


70  PART   V. MERCHANT    SEAMEN. 

ii.s.,4525.  ]!^o  right  to  wages  shall  be  dependent  on  the  earning  of 

freight  by  the  vessel;  but  every  seaman  or  apprentice  who 
would  be  entitled  to  demand  and  receive  any  wages  if  the 
vessel  on  which  he  has  served  had  earned  freight,  shall, 
subject  to  all  other  rules  of  law  and  conditions  applicable 
to  the  case,  be  entitled  to  claim  and  recover  the  same  of 
the  master  or  owner  in  i^ersonam,  notwithstanding  that 
freight  has  not  been  earned.  But  in  all  cases  of  wreck  or 
loss  of  vessel,  proof  that  any  seaman  or  apprentice  has  not 
exerted  himself  to  the  utmost  to  save  the  vessel,  cargo, 
and  stores,  shall  bar  his  claim. 

R.s.,4526.  In  cases  where  the  service  of  any  seaman  terminates 

Dec. 21, 1898.     ^eforc  the  period  contemplated  in  the  agreement,  by  rea- 
^^"■^'  son  of  the  loss  or  wreck  of  the  vessel,  such  seaman  shall 

be  entitled  to  wages  for  the  time  of  service  prior  to 
such  termination,  but  not  for  any  further  period.  Such 
seaman  shall  be  considered  as  a  destitute  seaman  and  shall 
be  treated  and  transported  to  port  of  shipment  as  provided 
in  sections  forty  five  hundred  and  seventy-seven,  forty-five 
hundred  and  seventy-eight,  and  forty-five  hundred  and 
seventy  nine  of  the  Kevised  Statutes  of  the  United  States. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts — Dec.  21,  1898,  Sec,  UG.] 
E.s.,4527.  Any  seaman  who  has  signed  an  agreement  and  is  after- 

ward discharged  before  the  commencement  of  the  voyage 
or  before  one  month's  wages  are  earned,  without  fault  on 
his  part  justifying  such  discharge,  and  without  his  consent, 
shall  be  entitled  to  receive  from  the  master  or  owner,  in 
addition  to  any  wages  he  may  have  earned,  a  sum  equal 
in  amount  to  one  month's  wages  as  compensation,  and  may, 
on  adducing  evidence  satisfactory  to  the  court  hearing  the 
case,  of  having  been  improperly  discharged,  recover  such 
compensation  as  if  it  were  wages  duly  earned. 

R. s.,4528.  ^o  seaman  or  apprentice  shall  be  entitled  to  wages  for 

any  period  during  wliich  he  unlawfully  refuses  or  neglects 
to  work  when  required,  after  the  time  fixed  by  the  agree- 
ment for  him  to  begin  work,  nor,  unless  the  court  hearing 
the  case  otherwise  directs,  for  any  period  during  which  he 
is  lawfully  imprisoned  for  any  offense  committed  by  him. 

K.s.,4529.  The  master  or  owner  of  any  vessel  making  coasting  voy- 

Dec. 21, 1898.     ^ggs  shall  pay  to  every  seaman  his  wages  within  two  days 
Z'*^"*'  after  the  termination  of  the  agreement  under  which  he 

shipped,  or  at  the  time  such  seaman  is  discharged,  which- 
ever first  happens;  and  in  the  case  of  vessels  making  for- 
eign voyages,  or  from  a  port  on  the  Atlantic  to  a  port 
on  the  Pacific,  or  vice  versa,  within  twenty  four  hours 
after  the  cargo  has  been  discharged,  or  within  four  days 
after  the  seaman  has  been  discharged,  whichever  first  hap- 
pens; and  in  all  cases  the  seaman  shall,  at  the  time  of  his 
discharge,  be  entitled  to  be  paid,  on  account  of  wages,  a 
sum  equal  to  one-third  part  of  the  balance  due  him.  Every 
master  or  owner  who  refuses  or  neglects  to  make  payment 
in  manner  hereinbefore  mentioned  without  sufficient  cause 
shall  pay  to  the  seaman  a  snm  equal  to  one  day's  pay  for 
each  and  every  day  during  which  payment  is  delayed 


Sec.  5. 


PART   V. MERCHANT    SEAMEN.  71 

beyond  tlie  respective  periods,  which  sum  sluill  be  recov- 
erable us  wages  in  any  chiiin  nnidc  before  the  court;  but 
this  section  shall  not  apply  to  the  nuisters  or  owners  of 
any  vessel  the  seamen  on  which  are  entitled  to  share  in  the 
protits  of  the  cruise  or  voyage.  [This  section  shall  not 
apply  to  lishing  or  whaling  vessels  or  yachts — Dec.  21, 
1898,  Sec.  2G.  J 

Every  seaman  on  a  vessel  of  the  United  States  shall  be  k.  s.4530. 
entitled  to  receive  from  the  master  of  the  vessel  to  which  nuc.2i,i898. 
he  belongs  one  half  part  of  the  wages  which  shall  be  due 
him  at  every  ])ort  where  such  vessel,  after  the  voyage  has 
commenced,  shall  load  or  deliver  cargo  before  the  voyage 
is  ended  unless  the  contrary  be  exi)ressly  stii)ulated  in  the 
contract;  and  when  the  voyage  is  ended  every  such  sea- 
man shall  be  entitled  to  the  remainder  of  the  wages  which 
shall  then  be  due  him  as  i)rovided  in  section  forty  live 
hundred  and  twenty-nine  of  the  llevised  Statutes.  [This 
section  shall  not  apply  to  fishing  or  whaling  vessels  or 
yachts— Dec.  21,  1898,  Sec.  26.] 

Whenever  the  wages  of  any  seaman  are  not  paid  within  R.s.,4546. 
ten  days  after  the  time  when  the  same  ought  to  be  paid 
according  to  the  provisions  of  this  Title  [K.  S.,  4501-4G13J, 
or  any  dispute  arises  between  the  master  and  seamen  touch- 
ing wages,  the  district  judge  for  the  judicial  district  where 
the  vessel  is,  or  in  case  his  residence  be  more  than  three 
miles  from  the  place,  or  he  be  absent  from  the  place  of  his 
residence,  then,  any  judge  or  justice  of  the  peace,  or  any 
commissioner  of  a  District  court,  may  summon  the  master  May28,i806. 
of  such  vessel  to  appear  before  him,  to  show  cause  why 
process  should  not  issue  against  such  vessel,  her  tackle, 
ai)parel,  and  furniture,  according  to  the  course  of  admiralty 
courts,  to  answer  for  the  wages. 

If  the  master  against  whom  such  summons  is  issued  k. s.,4547. 
neglects  to  ap])ear,  or,  appearing,  does  not  show  that  the  ^^^'^^'^^^^' 
wages  are  paid  or  otherwise  satisfied  or  forfeited,  and  if 
the  matter  in  dispute  is  not  forthwith  settled,  the  judge  or 
justice  or  commissioner  shall  certify  to  the  clerk  of  the  dis- 
trict court  that  there  is  suflicient  cause  of  com[)laint 
whereon  to  found  admiralty  process;  and  thereupon  the 
clerk  of  such  court  shall  issue  process  against  the  vessel. 
In  all  cases  where  the  matter  in  demand  does  not  exceed 
one  hundred  dollars  the  return  day  of  the  monition  or 
citation  shall  be  the  first  day  of  a  stated  or  special  session 
of  court  next  succeeding  the  third  day  after  the  service  of 
the  monition  or  citation,  and  on  the  return  of  process  in 
open  court,  duly  served,  either  party  may  i)roceed  therein 
to  proofs  and  hearing  without  other  notice,  and  final 
judgment  shall  be  given  according  to  the  usual  course 
of  admiralty  courts  in  such  cases.  In  such  suits  all  the 
seamen  having  cause  of  comi)laint  of  the  like  kind  against 
the  same  vessel  may  be  joined  as  complainants,  and  it  shall 
be  incumbent  on  the  master  to  produce  the  contract  and 
log  book,  if  re(juired  to  ascertain  any  matter  in  dispute; 
otherwise  the  C()mi)lainants  shall  be  permitted  to  state  the 
contents  thereof,  and  the  burden  of  i)roof  of  the  contrary 


Sec.  6. 


72  PART  V. MERCHANT  SEAMEN. 

shall  be  on  the  master.  But  nothing  herein  contained 
shall  prevent  any  seaman  from  maintaining  any  action  at 
common  law  for  the  recovery  of  his  wages,  or  having 
immediate  process  out  of  any  court  having  admiralty  juris- 
diction wherever  any  vessel  may  be  found,  in  case  she 
shall  have  left  the  port  of  delivery  where  her  voyage  ended 
before  payment  of  the  wages,  or  in  case  she  shall  be  about 
to  proceed  to  sea  before  the  end  of  the  ten  days  next  after 
the  day  when  such  wages  are  due,  in  accordance  with  sec- 
tion forty-five  hundred  and  twenty-nine  of  the  Revised 
Statutes.  [This  section  shall  not  apply  to  fishing  or  whal- 
ing vessels  or  yachts — Dec.  21,  1898,  Sec.  26.  J 

R.s.,4548.  Moneys  paid  under  the  laws  of  the  United  States,  by 

direction  of  consular  officers  or  agents,  at  any  foreign  port 
or  place,  as  wages,  extra  or  otherwise,  due  American  sea- 
men, shall  be  paid  in  gold  or  its  equivalent,  without  any 
deduction  whatever  any  contract  to  the  contrary  notwith- 
standing. 

R  s.,4603.  Any  question  concerning  the  forfeiture  of,  or  deductions 

from,  the  wages  of  any  seaman  or  apprentice,  may  be  deter- 
mined in  any  proceeding  lawfully  instituted  with  respect  to 
such  wages,  notwithstanding  the  offense  in  respect  of 
which  such  question  arises,  though  hereby  made  punisha- 
ble by  imprisonment  as  well  as  forfeiture,  has  not  been 
made  the  subject  of  any  criminal  proceeding. 

R.s.,4605.  Whenever  in  any  proceeding  relating  to  seamen's  wages 

it  is  shown  that  any  seaman  or  apprentice  has,  in  the 
course  of  the  voyage,  been  convicted  of  any  often  se  by  any 
competent  tribunal,  and  rightfully  punished  therefor,  by 
imprisonment  or  otherwise,  the  court  hearing  the  case  may 
direct  a  part  of  the  wages  due  to  such  seaman  not  exceed- 
ing fifteen  dollars,  to  be  applied  in  reimbursing  any  costs 
properly  incurred  by  the  master  in  procuring  such  convic- 
tion and  punishment. 

93.  I^essels  exempt  from  libel  for  wages. 

R.s.,4251.  No  canal-boat,  without  masts  or  steam  po^er,  which  is 

Feb.  18, 1875.     required  to  be  registered,  licensed,  or  enrolled  and  licensed, 

shall  be  subject  to  be  libeled  in  any  of  the  United  States 

courts  for  the  wages  of  any  person  who  may  be  employed 

on  board  thereof,  or  in  navigating  the  same. 

94.  Advances  and  allotments  of  wages. 

June  26, 1884.  (a)  It  Shall  bc,  and  is  hereby,  made  unlawful  in  any  case 
^'^'  i?'  ,„„„  ^^  P^y  ^'^y  seaman  wages  in  advance  ot"  the  time  when 
^  „,  ,„„„  ^^  ^^^  actually  earned  the  same,  or  to  pay  such  advance 
wages  to  any  other  person.  Any  person  paying  such  ad- 
vance wages  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  not  less  than 
four  times  the  amount  of  the  wages  so  advanced,  and  may 
also  be  imprisoned  for  a  period  not  exceeding  six  months, 
at  the  discretion  of  the  court.  The  payment  of  such  ad- 
vance wages  shall  in  no  case,  excepting  as  herein  provided, 
absolve  the  vessel  or  the  master  or  owner  thereof  from  full 


Dec.  21, 1898 
Sec.  24. 


PART  V. MERCHANT  SEAMEN.  73 

payment  of  wages  after  the  same  shall  liave  been  actually 
earned,  and  shall  be  no  defense  to  a  libel,  suit,  or  action 
for  the  recovery  of  such  wages.  If  any  person  shall  dcniiind 
or  receive,  either  directly  or  indirectly,  from  any  seaman  or 
other  person  seeking  employment  as  seaman,  or  from  any 
person  on  his  behalf,  an}'  remuneration  whatever  for  ])ro- 
vidinghim  with  employment,  he  shall  for  every  such  offense 
be  liable  to  a  ])enalty  of  not  more  than  one  hundred  dollars. 

(b)  It  shall  be  lawful  for  any  seaman  to  stipulate  in 
his  shipping  agreement  for  an  allotment  of  any  portion  of 
the  wages  which  he  may  earn  to  his  grand  parents,  ])arents, 
wife,  sister,  or  children.  But  no  allotment  whatever  shall  be 
allowed  in  the  trade  between  the  ports  of  the  United  States 
(except  as  provided  in  subdivision  c  of  this  section)  or 
in  trade  between  ports  of  the  United  States  and  the 
Dominion  of  Canada,  Newfoundland,  the  West  Indies  and 
Mexico. 

(c)  It  shall  be  lawful  for  any  seaman  engaged  in  a  ves- 
sel bound  from  a  port  on  the  Atlatitic  to  a  port  on  the 
Pacific  or  vice  versa,  or  in  a  vessel  engaged  in  foreign  trade, 
except  trade  between  the  United  States  and  the  Dominion 
of  Canada  or  Newfoundland  or  the  West  Indies  or  the  Re- 
public of  Mexico,  to  stipulate  in  his  shipping  agreement 
for  an  allotment  of  an  amount,  to  be  fixed  by  regulation  of 
the  Commissioner  of  Navigation,  with  the  approval  of  the 
Secretary  of  the  Treasury,  not  exceeding  one  month's 
wages,  to  an  original  creditor  in  liquidation  of  any  Just 
debt  for  board  or  clothing  which  he  may  have  contracted 
prior  to  engagement. 

(d)  No  allotment  note  shall  be  valid  unless  signed  by 
and  approved  by  the  shipi)ing  commissioner.  It  shall  be 
the  duty  of  said  commissioner  to  examine  such  allotments 
and  the  parties  to  them  and  enforce  compliance  with 
the  law.  All  stipulations  for  the  allotment  of  any  ])art  of 
the  wages  of  a  seaman  during  his  absence  which  are  made 
at  the  commencement  of  the  voyage  shall  be  inserted  in  the 
agreement,  and  shall  state  the  amounts  and  times  of  the 
payments  to  be  made  and  the  persons  to  whom  the  payments 
are  to  be  made. 

(e)  No  allotment  except  as  provided  for  in  this  sec- 
tion shall  be  lawful.  Any  person  who  shall  falsely  claim 
to  be  such  relation  as  above  described  of  a  seaman  under 
this  section  or  shall  make  a  false  statement  of  the  nature 
or  amount  of  any  debt  claimed  to  be  due  from  any  seaman 
under  this  section  shall  for  every  such  offense  be  punish- 
able by  a  fine  not  exceeding  five  hundie^l  dollars  or  imjjris- 
onment  not  exceeding  six  months,  at  the  discretion  of  the 
court. 

(f)  This  section  shall  apply  as  well  to  foreign  vessels 
as  to  vessels  of  the  United  States;  and  any  master,  owner, 
consignee,  or  agent  of  any  foreign  vessel  who  has  violated 
its  provisions  shall  be  liable  to  the  same  penalty  that  the 
master,  owner,  or  agent  of  a  vessel  of  the  United  States 
would  be  for  a  similar  violation :  Provided,  That  treaties  in 
force  between  the  United  States  and  foreign  nations  do 
not  conflict. 


74  PART    V. MERCHANT    SEAMEN. 

(g)  Uuder  the  direction  of  the  Secretary  of  the  Treas- 
ury the  Commissioner  of  Navigation  shall  make  regula- 
tions to  carry  out  this  section.  [This  section  shall  not 
apply  to  fishing  or  whaling  vessels  or  yachts — Dec.  21,  1898, 
Sec.  2G.] 

95.  Wages  and  clothing  exempt  from  attachment. 

R.s.,4536.  Ko  wages  due  or  accruing  to  any  seaman  or  apprentice 

shall  be  subject  to  attachment  or  arrestment  from  any 
court;  and  every  payment  of  wages  to  a  seaman  or  appren- 
tice shall  be  valid  in  law,  notwithstanding  any  previous 
sale  or  assignment  of  wages,  or  of  any  attachment,  incum- 
brance, or  arrestment  thereon;  and  no  assignment  or  sale 
of  wages,  or  of  salvage,  made  prior  to  the  accruing  thereof, 
shall  bind  the  party  making  the  same,  except  such  advance 
securities  as  are  authorized  by  this  Title  [R.  S.,  4501-4613]. 

Feb.  18, 1895.  The  clothiug  of  any  seaman  shall  be  exempt  from  attach- 
ment, and  any  person  who  shall  detain  such  clothing  when 
demanded  by  the  owner  shall  be  liable  to  a  penalty  of  not 
exceeding  one  hundred  dollars. 

R.s.,4537.  •  No  sum  exceeding  one  dollar  shall  be  recoverable  from 
any  seaman,  by  any  one  person,  for  any  debt  contracted 
during  the  time  such  seaman  shall  actually  belong  to  any 
vessel,  until  the  voyage  for  which  such  seaman  engaged 
shall  be  ended. 

96.  Desertion  of  seamen  abroad. 

R.s.,4600.  It  shall  be  the  duty  of  all  consular  officers  to  reclaim 

■Tune 26, 1884.    descrtcrs,  disconntenance  insubordination  by  every  means' 
Dec. 21, 1898.     j^  their  power,  and,  where  the  local  authorities  can  be  use- 
Sec.2i.  fully  eini)loyed  for  that  purpose,  to  lend  their  aid  and  use 

their  exertions  to  that  end  in  the  most  ettectnal  manner. 
In  all  cases  where  seamen  or  oflicers  are  accused  the  con- 
sular officer  shall  inquire  into  the  facts  and  proceed  as  pro- 
vided in  section  forty-five  hundred  and  eighty-three  of  the 
Revised  Statntes;  and  the  ofticer  discharging  such  seamen 
shall  enter  upon  the  crew  list  and  shipping  articles  and 
official  log  the  cause  of  discharge  and  the  particulars  in 
which  the  cruel  or  unusual  treatment  consisted,  and  sub- 
scribe his  name  thereto  officially.  He  shall  read  the  entry 
made  in  the  official  log  to  the  master,  and  his  reply  thereto, 
if  any,  shall  likewise  be  entered  and  subscribed  in  the  same 
manner. 

97.  Desertion  of  foreign  seamen  in  the  United  States. 

ruS.,528u.  On  application  of  a  consul  or  vice-consul  of  any  foreign 

government  having  a  treaty  with  the  United  States  stipu- 
lating for  the  restoration  of  seamen  deserting,  made  in 
writing,  stating  that  the  person  therein  named  has  deserted 
from  a  vessel  of  any  such  government,  while  in  any  port  of 
the  United  States,  and  on  proof  by  the  exhibition  of  the 
register  of  the  vessel,  ship's  roll,  or  other  official  document, 
that  the  person  named  belonged,  at  the  time  of  desertion, 
to  the  crew  of  such  vessel,  it  shall  be  the  duty  of  any  court, 


PART  V. MERCHANT  SEAMEN.  75 

judg:e,  coiuniissionor  of  any  circuit  court,  Justice,  or  other 
magistrate,  lui\  iug  competent  i»o\ver,  to  issue  warrants  to 
cause  such  person  to  be  arrested  for  examination.  If,  on 
examination,  the  facts  stated  are  found  to  be  true,  the  i)er- 
son  arrested  uot  being  a  citizen  of  the  United  Statjes,  shall 
be  delivered  up  to  the  consul  or  vice  consul,  to  be  sent  back 
to  the  dominions  of  any  such  government,  or,  on  the  recjuest 
and  at  the  exi)ense  of  the  consul  or  vice  consul,  shall  be 
detained  until  the  consul  or  vice  consul  finds  an  opportu- 
nity to  send  him  back  to  the  dominions  of  any  such  gov- 
ernment. No  ])erson  so  arrested  shall  be  detained  more 
thaji  two  months  after  his  arrest;  but  at  the  end  of  that 
time  shall  be  set  at  liberty, and  shall  not  be  again  molested 
for  the  same  cause.  If  any  such  deserter  shall  be  found  to 
have  coTOmitted  any  crime  or  offense,  his  surrender  may  be 
delayed  until  the  tribunal  before  which  the  case  shall  be 
depending,  or  may  be  cognizable,  shall  have  pronounced 
its  sentence,  and  such  sentence  shall  have  been  carried 
into  efl'ect. 

98.  Arbitration  before  shipping-commissioner. 

Every  shipping-commissioner  shall  hear  and  decide  any  K.s.,4554. 
question  whatsoever  between  a  master,  consignee,  agent, 
or  owner,  and  any  of  his  crew,  which  both  parties  agree  in 
writing  to  submit  to  him ;  and  every  award  so  made  by  him 
shall  be  binding  on  both  i)arties,  and  shall,  in  any  legal 
l^roceedings  which  nuxy  be  taken  in  the  matter,  before  any 
court  of  justice,  be  deemed  to  be  conclusive  as  to  the  rights 
of  parties.  And  any  document  under  the  hand  and  olticial 
seal  of  a  commissioner  purporting  to  be  such  submission 
or  award,  shall  be  prima-facie  evidence  thereof. 

In  any  proceeding  relating  to  the  wages,  claims,  or  dis-  k.  s.,4555. 
charge  of  a  seaman,  carried  on  before  any  ship])ing  com- 
missioner, under  the  provisions  of  this  Title  [li.  S.,  4501- 
4013],  such  shi[)ping  commissioner  may  call  upon  the  ownei", 
or  his  agent,  or  upon  the  master,  or  any  mate,  or  any  other 
member  of  the  crew,  to  i)rodnce  any  log  books,  papers,  or 
other  documents  in  their  possession  or  power,  respectively, 
relating  to  any  matter  in  qnestion  in  such  procee(lings,  and 
may  call  before  him  and  examine  any  of  such  persons,  being 
then  at  or  near  the  place,  on  any  such  matter;  and  every 
owner,  agent,  master,  mate,  or  other  member  of  the  crew 
who,  when  called  upon  by  the  shi})ping  commissioner,  does 
not  produce  any  such  books,  papers,  or  documents,  if  in  his 
]>ossession  or  j^ower,  or  does  not  api)ear  and  give  evidence, 
shall,  unless  he  shows  some  reasonable  cause  for  such  a 
default,  be  liable  to  a  penalty  of  not  more  than  one  hundred 
dollars  for  each  offense;  and,  on  application  made  by  the 
8hipi)ing-commissioner,  shall  be  further  punished,  in  the 
discretion  of  the  court,  as  in  other  cases  of  contempt  of  the 
process  of  the  court. 

99.  Soliciting  lodgers. 

If,  within  twenty-four  hours  after  the  arrival  of  any  ves-    k.s.,4607. 
sel  at  any  port  in  the  United  States,  any  person,  then  being 


76 


PART    V. MERCHANT    SEAMEN. 


on  board  such  vessel,  solicits  any  seaman  to  become  a 
lodger  at  the  house  of  any  person  letting  lodgings  for  hire, 
or  takes  out  of  sncli  vessel  any  etl'eets  of  any  seaman,  except 
under  his  personal  direction,  and  with  the  perndssion  of 
the  n)aster,  he  shall,  for  every  such  offense,  be  punishable 
by  a  fine  of  not  more  than  fifty  dollars,  or  by  imprisonment 
for  not  more  than  three  months. 


R.  S.,  4577. 


May  28,  189C. 
Feb.  9, 1899. 


R.  S.,  4578. 
June  26, 1884. 
Sec.  9. 


June  19, 1886. 
Sec.  18. 

June  26, 1884. 
Sec.  9. 


June  19, 1886. 
Sec.  18. 


Pv.  S.,  4579. 


100.  Return  of  seamen  from  foreign  ports  and  Alaska. 

It  shall  be  the  duty  of  the  consuls,  vice  consuls,  commer- 
cial agents,  and  vice  commercial  agents,  from  time  to  time, 
to  provide  for  the  seamen  of  the  United  States,  who  may 
be  found  destitute  within  tlieir  districts,  respectively,  suf- 
ficient subsistence  and  i)assages  to  some  port  in  the  United 
States,  in  the  most  reasonable  manner,  at  the  expense  of 
the  United  States,  subject  to  such  instructions  as  the  Sec- 
retary of  State  shall  give.  The  seamen  shall,  if  able,  be 
bound  to  do  duty  on  board  the  vessels  in  which  they  may 
be  transported,  according  to  their  several  abilities. 

Relief  and  protection  of  American  seamen  in  foreign 
countries  and  shipwrecked  American  seamen  in  the  Terri- 
tory of  Alaska,  thirty  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary. 

All  masters  of  vessels  of  the  United  States,  and  bound 
to  some  port  of  the  same,  are  required  to  take  such  desti- 
tute seamen  on  board  their  vessels,  at  the  request  of  con- 
sular officers,  and  to  transport  them  to  the  port  in  the 
United  States  to  which  such  vessel  may  be  bound,  on  such 
terms,  not  exceeding  ten  dollars  for  each  i^erson  for  voy- 
ages of  not  more  than  tliirty  days,  and  not  exceeding 
twenty  dollars  for  each  person  for  longer  voyages,  as  may 
be  agreed  between  the  master  and  the  consular  officer, 
when  the  transportation  is  by  a  sailing  vessel;  and  the 
regular  steerage  passenger  rate  not  to  exceed  two  cents 
per  mile  when  the  transportation  is  by  steamer;  and  said 
consular  officer  shall  issue  certificates  for  such  transporta- 
tion, which  certificates  shall  be  assignable  for  collection. 
If  any  such  destitute  seaman  is  so  disabled  or  ill  as  to  be 
unable  to  perform  duty,  the  consular  officer  shall  so  certify 
in  the  certificate  of  transportation,  and  such  additional 
compensation  shall  be  paid  as  the  Comptroller  of  the 
Treasury  shall  deem  proper.  Every  such  master  who 
refuses  to  receive  and  transport  such  seamen  on  the  request 
or  order  of  such  consular  officer  shall  be  liable  to  the  United 
States  in  a  penalty  of  one  hundred  dollars  for  each  seaman 
so  refused.  The  certificate  of  any  such  consular  officer, 
given  under  his  hand  and  official  seal,  shall  be  presumptive 
evidence  of  such  refusal  in  any  court  of  law  having  juris- 
diction for  the  recovery  of  the  penalty.  No  master  of  any 
vessel  shall,  however,  be  obliged  to  take  a  greater  number 
than  one  man  to  every  one  hundred  tons  burden  of  the 
vessel  on  any  one  voyage,  or  to  take  any  seaman  having 
a  contagious  disease. 

Whenever  distressed  seamen  of  the  United  States  are 
transported  from  foreign  ports  where  there  is  no  consular 


PART   V. MERCHANT    SEAMEN.  77 

officer  of  the  Unitecl  States,  to  ports  of  the  Tiiited  States, 
there  shall  be  alh)^Ye(l  to  the  master  or  owner  of  each  vessel, 
ill  wliich  tliey  are  transported,  such  reasonable  compensa- 
tion, in  addition  to  the  allowance  now  fixed  by  law,  as  shall 
be  deemed  e(|uitable  by  the  Comptroller  of  the  Treasury. 

101.  Effects  of  deceased  seamen. 

Whenever  any  seaman  or  apprentice  belonging  to  or  sent  k  s.,  4538. 
home  on  any  merchant  vessel,  whether  a  foreign-going  or 
domestic  vessel,  employed  on  a  voyage  which  is  to  termi- 
nate in  the  United  States,  dies  during  such  voyage,  the 
master  shall  take  charge  of  all  moneys,  clothes,  and  effects 
which  he  leaves  on  board,  and  shall,  if  he  thinks  tit,  cause 
all  or  any  of  such  clothes  and  effects  to  be  sold  by  auction 
at  the  mast  or  other  public  auction,  and  shall  thereupon 
sign  an  entry  in  the  otlicial  log  book,  and  cause  it  to  be 
attested  by  the  mate  and  one  of  the  crew,  containing  the 
following  particulars: 

First.  A  statement  of  the  amount  of  money  so  left  by  the 
deceased. 

Second.  In  case  of  a  sale,  a  description  of  each  article 
sold,  and  the  sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  deceased  as  wages, 
and  the  total  amount  of  deductions,  if  any,  to  be  made 
therefrom. 

In  cases  embraced  by  the  preceding  section,  the  following    R-  s.,  4539 
rules  shall  be  observed : 

First.  If  the  vessel  proceeds  at  once  to  any  port  in  the 
United  States,  the  master  shall,  within  forty-eight  hours 
after  his  arrival,  deliver  any  such  effects  remaining  unsold, 
and  pay  any  money  which  he  has  taken  charge  of,  or 
"eceived  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping  commissioner  at  the  port  of 
destination  in  the  United  States. 

Second.  If  the  vessel  touches  and  remains  at  some  foreign 
port  before  coming  to  any  port  in  the  United  States,  the 
master  shall  report  the  case  to  the  United  States  consulai' 
officer  there,  and  shall  give  to  such  officer  any  information 
he  requires  as  to  the  destination  of  the  vessel  and  probable 
length  of  the  voyage;  and  such  officer  may,  if  he  considers 
it  expedient  so  to  do,  require  the  effects,  money,  and  wages 
to  be  delivered  and  paid  to  him,  and  shall,  upon  suchdelivery 
and  payment,  give  to  the  master  a  receipt;  and  the  master 
shall  within  forty-eight  hours  after  his  arrival  at  his  port 
of  destination  in  the  United  States  produce  the  same  to  the 
shi[)ping  commissioner  there.  Such  consular  officer  shall, 
in  any  such  case,  indorse  and  certify  upon  the  agreement 
with  the  crew  the  particulars  with  respect  to  such  delivery 
and  payment. 

Third.  If  the  consular  ofifi(^er  does  not  require  such  pay- 
ment and  delivery  to  be  made  to  him,  the  master  shall  take 
charge  of  the  effects,  money,  and  wages,  and  shall,  within 
forty  eight  hours  after  his  arrival  at  his  port  of  destination 
in  the  United  States,  deliver  and  jjay  the  same  to  the  ship- 
ping-commissioner there. 


78  PART    V. MERCHANT    SEAMEN. 

Fourth.  The  master  shall,  in  all  cases  in  which  any  sea- 
man or  apprentice  dies  during^  the  voyage  or  engagement, 
give  to  such  officer  or  shipping  commissioner  an  account,  in 
sucli  form  as  they  may  respectively  require,  of  the  effects, 
money,  and  wages  so  to  be  delivered  and  paid;  and  no 
deductions  claimed  in  such  account  shall  be  allowed  unless 
verified  by  an  entry  in  the  official  log-book,  if  there  be  any; 
and  by  such  other  vouchers,  if  any,  as  may  be  reasonably 
required  by  the  officer  or  shipping-commissioner  to  whom 
the  account  is  rendered. 

Fifth.  Upon  due  compliance  with  such  of  the  provisions 
of  this  section  as  relate  to  acts  to  be  done  at  the  port  of 
destination  in  the  United  States,  the  shipping-commissioner 
shall  grant  to  the  master  a  certificate  to  that  effect.  No 
officer  of  customs  shall  clear  any  foreign- going  vessel  with- 
out the  production  of  such  certificate. 

K. s.,45  Whenever  any  master  fails  to  take  such  charge  of  the 

money  or  other  effects  of  a  seaman  or  apprentice  during  a 
voyage,  or  to  make  such  entries  in  respect  thereof,  or  to 
procure  such  attestation  to  such  entries,  or  to  make  such 
payment  or  delivery  of  any  money,  wages,  or  effects  of  any 
seaman  or  apprentice  dying  during  a  voyage,  or  to  give 
such  account  in  respect  thereof  as  is  above  directed,  he 
shall  be  accountable  for  the  money,  wages,  and  effects  of 
the  seaman  or  apprentice  to  the  circuit  court  in  whose  juris- 
diction such  port  of  destination  is  situate,  and  shall  pay 
and  deliver  tlie  same  accordingly;  and  he  shall,  in  addition, 
for  every  sucli  offense,  be  liable  to  a  penalty  of  not  more 
than  treble  the  value  of  the  money  or  effects,  or,  if  such 
value  is  not  ascertained,  not  more  than  two  hundred  dol- 
lars; and  if  any  such  money,  wages,  or  effects  are  not  duly 
paid,  delivered,  and  accounted  for  by  the  master,  the  owner 
of  the  vessel  shall  pay,  deliver,  and  account  for  the  same, 
and  such  money  and  wages  and  the  value  of  such  effects 
shall  be  recoverable  from,  him  accordingly;  and  if  he  fails 
to  account  for  and  pay  the  same,  he  shall,  in  addition  to 
his  liability  for  the  money  and  value,  be  liable  to  the  same 
I)enalty  which  is  incurred  by  the  master  for  a  like  offense; 
and  all  money,  wages,  and  effects  of  any  seaman  or  appren- 
tice dying  during  a  voyage  shall  be  recoverable  in  the 
courts  and  by  the  modes  of  proceeding  by  which  seamen 
are  enabled  to  recover  wages  due  to  them. 

E.s.,4541.  Whenever  any  such  seaman  or  apprentice  dies  at  any 

Mar.  3, 1897     placc  out  of  the  United  States,  leaving  any  money  or  effects 
Sec.  4.  ^^^J^  Q^  board  of  his  vessel,  the  consular  officer  of  the  United 

States  at  or  nearest  the  place  shall  claim  and  take  charge 
of  such  money  and  effects,  and  shall,  if  he  thinks  fit,  sell 
all  or  any  of  such  effects,  or  any  effects  of  any  deceased 
seaman  or  apprentice  delivered  to  him  under  the  provisions 
of  this  Title  |R.  S.,  4501-4013],  and  shall  quarterly  remit  to 
the  circuit  court  for  the  circuit  embracing  the  port  from 
which  such  vessel  sailed,  or  the  port  where  the  voyage 
terminates,  all  moneys  belonging  to  or  arising  from  the  sale 
of  the  effects  or  paid  as  the  wages  of  any  deceased  seamen 
or  apprentices  which  have  <;(>me  to  his  hands;  and  shall 
render  such  accounts  thereof  as  the  circuit  court  requires. 


PART  V. MERCHANT  SEAMEN.  79 

Whenever  any  seaman  or  apprentice  dies  in  the  United  i-s.,4542. 
States,  and  is,  at  the  time  of  his  death,  entitled  to  claim 
from  the  master  or  owner  of  any  vessel  in  which  he  has 
served,  any  nnpaid  wages  or  effects,  such  master  or  owner 
shall  pay  and  deliver,  or  account  for  the  same,  to  the  ship- 
piug-connnissioner  at  the  i)ort  where  the  seaman  or  appren- 
tice was  discharged,  or  was  to  have  been  discharged,  or 
where  he  died. 


Mar.  3, 1897. 
S«c.  6. 


Every  shipping-commissioner  in  the  United  States  shall,  i'  s..454:j 
within  one  week  from  the  date  of  receiving  any  such  money, 
wages,  or  effects  of  any  deceased  seaman  or  apprentice,  pay, 
remit,  or  deliver  to  the  circuit  court  of  the  circuit  in  which 
he  resides,  the  money,  wages,  or  effects,  subject  to  such 
deductions  as  may  be  allowed  by  the  circuit  court  for 
expenses  incurred  in  respect  to  such  money  and  effects; 
and  should  any  commissioner  fail  to  pay,  remit,  and  deliver 
the  same  to  the  circuit  court,  within  the  time  liereinbefore 
mentioned,  he  shall  incur  a  penalty  of  not  more  than  treble 
the  value  of  such  money  and  effects. 

If  the  money  and  effects  of  any  seaman  or  apprentice  paid,  ^^-  s-,4544 
remitted,  or  delivered  to  the  circuit  court,  including  the 
moneys  received  for  any  part  of  his  effects  which  have  been 
sold,  either  before  delivery  to  the  circuit  court,  or  by  its 
directions,  do  not  exceed  in  value  the  sum  of  three  hundred 
dollars,  then,  subject  to  the  provisions  hereinafter  con- 
tained, and  to  all  such  deductions  for  expenses  incurred  in 
respect  to  the  seaman  or  apprentice,  or  of  his  money  and 
effects,  as  the  said  court  thinks  fit  to  allow,  the  court  may 
l)ay  and  deliver  the  said  money  and  effects  to  any  claimants 
who  can  i)rove  themselves  either  to  be  his  widow  or  chil- 
dren, or  to  be  entitled  to  the  effects  of  the  deceased  under 
his  will,  or  under  any  statute,  or  at  common  law,  or  to  be 
entitled  to  i)rocure  i)robate,  or  take  out  letters  of  adminis- 
tration or  confirmation,  although  no  probate  or  letters  of 
administration  or  confirmation  have  been  taken  out,  and 
shall  be  thereby  discharged  from  all  further  liability  in 
resi>ect  of  the  money  and  effects  so  ])aid  and  delivered;  or 
may,  if  it  thinks  fit  so  to  do,  require  probate,  or  letters  of 
administration  or  confirmation,  to  be  taken  out,  and  there- 
upon pay  and  deliver  the  said  money  and  effects  to  the 
legal  personal  representatives  of  the  deceased ;  and  if  such 
money  and  effects  exceed  in  value  the  sum  of  three  hundred 
dollars,  then,  subject  to  deduction  for  ex])enses,  the  court 
shall  pay  and  deliver  the  same  to  the  legal  personal  repre- 
sentatives of  the  deceased. 

A  circuit  court,  in  its  discretion,  may  at  any  time  direct  k  s.,4545. 
the  sale  of  the  whole  or  any  part  of  the  effects  of  a  deceased  g^'^"".^'  ^*^^" 
seaman  or  ai)prentice,  which  it  has  received  or  may  hereafter 
receive,  and  shall  hold  the  proceeds  of  such  sale  as  the 
wages  of  deceased  seamen  are  held.  When  no  claim  to  the 
wages  or  effects  or  proceeds  of  the  sale  of  the  effects  of  a 
deceased  seaman  or  apprentice,  received  by  a  circuit  court, 
is  substantiated  within  six  years  after  the  receipt  thereof  by 
the  court,  it  shall  be  in  the  absolute  discretion  of  the  court, 
if  any  subsequent  claim  is  made,  either  to  allow  or  refuse 


80  PART    V. MERCHANT    SEAMEN. 

the  same.  Such  courts  shall,  froDi  time  to  time,  pay  any 
moneys  arising  from  the  unclaimed  wages  and  effects  of 
deceased  seamen,  which  in  their  opinion  it  is  not  iiecessary 
to  retain  for  the  pur])ose  of  satisfying  claims,  into  the 
Treasury  of  the  United  States,  and  such  moneys  shall  form 
a  fund  for,  and  be  appropriated  to,  the  relief  of  sick  and 
disabled  and  destitute  seamen  belonging  to  the  United  States 
merchant  marine  service. 

102.     Offenses  and  punishments. 

-R.  s.,  4596.  The  words  "domestic  trade"  in  this  section  shall  include 

Dec.  21, 1898.  ^^.^dc  bctwccn  ports  of  the  United  States  and  trade  between 
ports  of  the  United  States  and  the  Dominion  of  Canada, 
Newfoundland,  the  West  Indies,  and  Mexico.  The  words 
"foreign  trade"  shall  include  trade  between  ports  of  the 
United  States  and  foreign  ports,  except  as  above  specified, 
and  trade  between  Atlantic  and  Pacific  ports  of  the  United 
States,  Whenever  any  seaman  who  has  been  lawfully  en- 
gaged or  any  apprentice  to  the  sea  service  commits  any  of 
the  following  offenses  he  shall  be  punishable  as  follows: 

First.  For  desertion,  if  the  offense  occur  at  a  port  of  the 
United  States,  or  a  foreign  port  in  the  domestic  trade,  by  for- 
feiture of  all  or  any  jjart  of  the  clothes  or  effects  he  leaves 
on  board  and  of  all  or  any  part  of  the  wages  or  emoluments 
which  he  has  then  earned.  If  the  offense  occur  at  a  foreign 
port  in  the  foreign  trade,  by  forfeiture  of  all  or  any  i)art  of 
the  clothes  or  eti'ects  he  leaves  on  board  and  of  all  or  any 
part  of  the  wages  or  emoluments  which  he  has  then  earned; 
and  also,  at  the  discretion  of  the  court,  by  imprisonment  for 
not  more  than  one  month. 

Second.  For  neglecting  or  refusing,  without  reasonable 
cause,  to  Join  his  vessel  or  to  proceed  to  sea  iu  his  vessel, 
or  for  absence  without  leave  at  any  time  within  twent}'- 
four  hours  of  tlie  vessel's  sailing  from  any  port,  either  at 
the  conimeitcement  or  during  the  progress  of  any  voyage, 
or  for  absence  at  any  time  without  leave  and  without  suf- 
ficient reason  from  his  vessel  or  from  his  duty,  not  amount- 
ing to  desertion  or  not  treated  as  such  by  the  master,  if 
the  offense  occur  at  a  port  of  the  United  States  or  a  foreign 
port  iu  the  domestic  trade,  by  a  forfeiture  from  his  wages 
of  not  more  than  two  days'  pay,  or  sufficient  to  defray  any 
expenses  which  have  been  properly  incurred  in  hiring  a 
substitute;  or  if  the  offense  occur  at  a  foreign  port,  in  the 
foreign  trade,  by  a  forfeiture  from  his  wages  of  not  more 
than  two  days'  pay,  or,  at  the  discretion  of  the  court,  by 
imprisonment  for  not  more  than  one  month. 

Third.  For  quitting  the  vessel,  in  whatever  trade  en- 
gaged, at  a  foreign  or  domestic  port,  without  leave  after 
her  arrival  at  her  port  of  delivery  and  before  she  is  placed 
in  security,  by  forfeiture  from  his  wages  of  not  more  than 
one  month's  pay. 

Fourth.  For  willful  disobedience  to  any  lawful  command 
at  sea,  by  being,  at  the  oi)tion  of  the  master,  placed  in 
irons  until  such  disobedience  shall  <'ease,  and  upon  arrival 
in  x)ort,  if  of  the  United  States,  by  iorfeiture  from  his  wages 


PAKT  V. MERCHANT  SEAMEN.  81 

of  not  more  than  four  days'  pay,  or  upon  arri\al  in  a  for- 
eign port  by  forfeiture  from  his  waj^es  of  not  more  tlian 
four  days'  pay,  or,  at  the  discretion  of  the  court,  by  impris- 
onment for  not  more  than  one  month. 

Fifth.  For  continued  willl'ul  disobedience  to  lawful  com- 
mand or  continued  willful  neglect  of  duty  at  sea  by  being, 
at  the  option  of  the  master,  placed  in  irons,  on  bread  and 
water,  with  full  rations  every  tifth  day,  until  such  disobedi- 
ence shall  cease,  and  ui)()n  arrival  in  port,  if  of  the  United 
States,  by  forfeiture,  for  every  twenty-four  hours'  contin- 
uance of  such  disobedience  or  neglect,  of  either  a  sum  of 
not  more  than  twelve  days'  pay  or  sutticient  to  defray  any 
expenses  which  have  been  properly  incurred  in  hirini;-  a 
substitute,  or  ui)on  arrival  in  a  foreign  port,  in  addition  to 
the  above  penalty,  by  imprisonment  for  not  more  than  three 
months,  at  the  discretion  of  the  court. 

Sixth.  For  assaulting  any  master  or  mate,  in  whatever 
trade  engaged,  by  imprisonment  for  not  more  than  two 
years. 

Seventh.  For  willfully  damaging  the  vessel,  or  embez- 
zling or  willfully  damaging  any  of  the  stores  or  cargo,  in 
whatever  trade  engaged,  by  forfeiture  out  of  his  wages  of 
a  sum  equal  in  amount  to  the  loss  thereby  sustained,  and 
also,  at  the  discretion  of  the  court,  by  imprisonment  for 
not  more  than  twelve  months. 

Eighth.  For  any  act  of  smuggling  for  which  he  is  con- 
victed, and  whereby  loss  or  damage  is  occasioned  to  the 
master  or  owner,  in  whatever  trade  engaged,  he  shall  be 
liable  to  pay  such  master  or  owner  such  a  sum  as  is  suffi- 
cient to  reimburse  the  master  or  owner  for  such  loss  or 
damage;  and  the  whole  or  any  part  of  his  wages  may  be 
retained  in  satisfaction  or  on  account  of  such  liability;  and 
he  shall  be  liable  to  imi)risonment  for  a  i)eriod  of  not  more 
than  twelve  months. 

Upon  the  commission  of  any  of  the  offenses  enumerated  Ks.,4597. 
in  the  preceding  section  an  entry  thereof  shall  be  made  in  i^ec- 21,  isos. 
the  official  log  book  on  the  day  on  which  the  offense  was  ^^''•^°- 
committed,  and  shall  be  signed  by  the  master  and  by  the 
mate  or  one  of  the  crew;  and  the  offender,  if  still  in  the 
vessel,  shall,  before  her  next  arrival  at  any  port,  or,  if  she 
is  at  the  time  in  port,  before  her  departure  therefrom,  be 
furnished  with  a  copy  of  such  entry,  and  have  the  same  read 
over  distinctly  and  audibly  to  him,  and  may  thereupon 
make  such  a  reply  thereto  as  he  thinks  fit;  and  a  state- 
ment that  a  copy  of  the  entry  has  been  so  furnished,  or 
the  same  has  been  so  read  over,  together  with  his  rejdy,  if 
any,  made  by  the  offender,  shall  likewise  be  entered  and 
signed  in  the  same  manner.  In  any  subsequent  legal  pro- 
ceedings the  entries  hereinbefore  required  shall,  if  i)racti- 
cable,  be  produced  or  proved,  and  in  default  of  such  pro- 
duction or  proof  the  court  hearing  the  case  may,  at  its 
discretion,  refuse  to  receive  evidence  of  the  offense. 

All  clothes,  effects,  and  wages  which,  under  the  ])rovi-    i^s.,  4604. 
sions  of  this  Title  [R.  S.,  4.j()l-4()loj,  are  forfeited  for  deser- 
tion, shall  be  applied,  in  the  first  instance,  in  payment  of 
NAV  99,  PT  2 6 


82  PART  V. MERCHANT  SEAMEN. 

the  expenses  occasioned  by  such  desertion,  to  the  master 
or  owner  of  the  vessel  from  which  the  desertion  has  taken 
place,  and  the  balance,  if  any,  shall  be  paid  by  the  master 
or  owner  to  any  shipping  commissioner  resident  at  the  j^ort 
at  wliich  the  voyage  of  such  vessel  terminates;  and  the 
shipping-commissioner  shall  account  for  and  pay  over  such 
balance  to  the  Judge  of  the  circuit  court  within  one  month 
after  the  commissioner  receives  the  same,  to  be  disposed 
of  by  him  in  the  same  manner  as  is  prescribed  for  the  dis- 
posal of  the  money,  effects,  and  wages  of  deceased  sea- 
men. Whenever  any  master  or  owner  neglects  or  refuses 
to  pay  over  to  the  shipping-commissioner  such  balance,  he 
shall  be  liable  to  a  penalty  of  double  the  amount  thereof, 
recoverable  by  the  commissioner  in  the  same  manner  that 
seamen's  wages  are  recovered.  In  all  other  cases  of  for- 
feiture of  wages,  the  forfeiture  shall  be  for  the  benefit  of 
the  master  or  owner  by  whom  the  wages  are  payable. 

R.s.,4602.  Any  master  of,  or  any  seaman  or  apprentice  belonging 

to,  any  merchant  vessel,  who,  by  willful  breach  of  duty, 
or  by  reason  of  drunkenness,  does  any  act  tending  to  the 
immediate  loss  or  destruction  of,  or  serious  damage  to  such 
vessel,  or  tending  immediately  to  endanger  the  life  or  limb 
of  any  person  belonging  to  or  on  board  of  such  vessel;  or 
who,  by  willful  breach  of  duty,  or  by  neglect  of  duty,  or  by 
reason  of  drunkenness,  refuses  or  omits  to  do  any  lawful 
act  j)roper  and  requisite  to  be  done  by  him  for  preserving- 
such  vessel  from  immediate  loss,  destruction,  or  serious 
damage,  or  for  j)reserviug  any  person  belonging  to  or  on 
board  of  such  ship  from  immediate  danger  to  life  or  limb, 
shall,  for  every  such  offense,  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  imprisonment  for  not  more  than 
twelve  months. 

R.  s.,  4608.  No  seaman  in  the  merchant- service  shall  wear  any  sheath- 

knife  on  shipboard.  It  shall  be  the  duty  of  the  master 
of  any  vessel  registered,  enrolled,  or  licensed  under  the 
laws  of  the  United  States,  and  of  the  person  entering  into 
contract  for  the  employment  of  a  seaman  upon  any  such 
vessel,  to  inform  every  ijerson  offering  to  ship  himself  of 
the  provisions  of  this  section,  and  to  require  his  compliance 
therewith,  under  a  penalty  of  fifty  dollars  for  each  omission, 
to  be  sued  for  and  recovered  in  the  name  of  the  United 
States,  under  the  direction  of  the  Secretary  of  the  Treasury; 
one  half  for  the  benefit  of  the  informer,  and  the  other  half 
for  the  benefit  of  the  fund  for  the  relief  of  sick  and  disabled 
seamen. 

103.  Corporal  punishment  prohibited. 

R.s.,4611.  Flogging  and  all  other  forms  of  corporal  punishment  are 

Dec.  21, 1898.     hereby  prohibited  on  board  any  vessel,  and  no  form  of  cor- 
sec.22.  poral  punishment  on  board  any  vessel  shall  be  deemed 

justifiable,  and  any  master  or  other  officer  thereof  who 
shall  violate  the  aforesaid  provisions  of  this  section  or 
either  thereof  sliall  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  imprisonment  not  less  than  three  months  or 
mpre  than  two  years.     Whenever  any  officer  other  than  the 


PART    V. MERCHANT    SEAMEN.  83 

master  of  such  vessel  shall  violate  any  provision  of  this 
section,  it  shall  be  the  duty  of  such  master  to  surrender 
such  officer  to  the  proper  authorities  as  soon  as  i)racti- 
cable.  Any  failure  upon  the  part  of  such  master  to  comply 
herewith,  which  faihive  shall  result  in  the  escape  of  such 
officer,  shall  render  said  master  liable  in  damages  to  the 
person  illegally  punished  by  such  officer. 

104.  Procedure. 

All  penalties  and  forfeitures  imiiosed  by  this  Title  [E.  S.,  k.  s.,4gio. 
4501-4613],  for  the  recovery  whereof  no  si)ecitic  mode  is 
hereinbefore  provided,  nuiy  be  recovered,  with  costs,  in  any 
circuit  court  of  the  United  States,  at  the  suit  of  any  dis- 
trict attorney  of  the  United  States,  or  at  the  suit  of  any 
person  by  information  to  any  district  attorney  in  any  ])ort 
of  the  United  States,  where  or  near  to  where  the  offense  is 
committed  or  the  offender  is  found;  and  if  a  conviction  is 
had,  and  the  sum  imposed  as  a  penalty  by  the  court  is  not 
paid  either  immediately  after  the  conviction,  or  within  such 
period  as  the  courr  at  the  time  of  the  conviction  appoints, 
it  shall  be  lawful  for  the  court  to  commit  the  offender  to 
prison,  there  to  be  imprisoned  for  the  term  hereinbefore 
provided  in  case  of  such  offense,  the  commitment  to  be 
terminable  upon  payment  of  the  amount  and  costs;  and  all 
penalties  and  forfeitures  mentioned  in  this  Title  for  which 
no  special  ai>plication  is  provided,  shall,  when  recovered, 
be  paid  and  applied  in  manner  following:  So  much  as  the 
court  shall  determine,  and  the  residue  shall  be  i)aid  to  the 
court  and  be  remitted  from  time  to  time,  by  order  of  the 
judge,  to  the  Treasury  of  the  United  States,  and  appro- 
priated as  provided  for  in  section  forty-tive  hundred  aiid 
forty-tive:  Frovidcd  ahcays,  That  it  shall  be  lawful  for  the 
court  before  which  any  x>roceeding  shall  be  instituted  for 
the  recovery  of  any  pecuniary  penalty  imposed  by  this  act, 
to  mitigate  or  reduce  such  penalty  as  to  such  court  shall 
appear  just  and  reasonable;  but  no  such  ])eualty  shall  be 
reduced  to  less  than  one-third  of  its  original  amount:  Pro- 
vided  also,  That  all  proceedings  so  to  be  instituted  shall  be 
commenced  within  two  years  next  after  the  commission  of 
the  offense,  if  the  same  shall  have  been  committed  at  or 
beyond  the  Cape  of  Good  Hope  or  Cai)e  Horn,  or  within 
one  year  if  committed  elsewhere,  or  within  two  months  after 
the  return  of  the  offender  and  the  complaining  party  to  the 
United  States;  and  there  shall  be  no  appeal  from  any  deci- 
sion of  any  of  the  circuit  courts,  unless  the  amount  sued 
for  exceeds  the  sum  of  live  hundred  dollars. 

Table  A. 

105.  Form  of  articles  of  agreement. 

United  States  of  America. 

(Date  and  i)lace  of  first  signature  of  agreement,  including 
name  of  shipijing-office.) 

It  is  agreed  between  the  master  and  seamen  or  mariners 
of  the ,  of  which is  at  present 


84 


PART   V. MERCHANT    SEAMEN. 


master,  or  whoever  sball  go  for  master,  now  bound  from 

the  port  of , .  to , ,  (here  the 

voyage  is  to  be  described,  and  tlie  places  named  at  which 
the  vessel  is  to  touch,  or  if  that  cannot  be  done,  the  general 
nature  and  probable  length  of  the  voyage  is  to  be  stilted.) 

And  tlie  sai<l  crew  agree  to  conduct  themselves  in  an 
orderly,  faithful,  honest,  and  sober  manner,  and  to  be  at  all 
times  diligent  in  their  respective  duties,  and  to  be  obedient 
to  the  lawful  commands  of  the  said  master,  or  of  any  ])er- 
sou  who  shall  lawfully  succeed  him,  and  of  their  superior 
officers  in  everything  relating  to  the  vessel,  and  the  stores 
and  cargo  thereof,  whether  on  board,  in  boats,  or  on  shore; 
and  in  consideration  of  which  service,  to  be  duly  performed, 
the  said  master  hereby  agrees  to  pay  the  said  crew,  as 
wages,  the  sums  against  their  names  respectively  expressed, 
and  to  supply  them  with  provisions  according  to  the  an- 
nexed scale.  And  it  is  hereby  agreed  that  any  embezzle- 
ment, or  willful  or  negligent  destruction  of  any  part  of  the 
vessel's  cargo  or  stores,  shall  be  made  good  to  the  owner 
out  of  the  wages  of  the  pers(m  guilty  of  the  same;  and  if 
any  person  enters  himself  as  qualified  for  a  duty  which  he 
proves  hiujself  incompetent  to  perform,  his  wages  shall  be 
reduced  in  i)roportiou  to  his  incompetency.  And  it  is  also 
agreed  that  if  any  member  of  the  crew  considers  himself  to 
be  aggrieved  by  any  breach  of  the  agreement  or  otherwise, 
he  shall  represent  the  same  to  the  master  or  officer  in 
charge  of  the  vessel,  in  a  quiet  and  orderly  manner,  who 
shall  thereupon  take  such  steps  as  the  case  may  require. 
And  it  is  also  agreed  that  (here  any  other  stipulations  may 
be  inserted  to  which  the  parties  agree,  and  which  are  not 
contrary  to  law). 

In  witness  whereof  the  said  parties  have  subscribed  their 
names  hereto,  on  the  days  against  their  respective  signa- 
tures mentioned. 

Signed  by ,  master,  on  the  day  of 

,  eighteen  hundred  and . 


June  26 
Sec.  10 


,1884. 


Dec.  21, : 
Sec.  24. 


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Note. — In  the  place  for  signatures  and  descriptions  of 
men  engaged  after  the  i3rst  departure  of  the  ship,  the 
entries  are  to  be  made  as  above,  except  that  the  signatures 
of  the  consul  or  vice  consul,  otticer  of  customs,  or  witness 
before  whom  the  man  is  engaged,  is  to  be  substituted  for 
that  of  the  shipping  master. 


PART   V. MERCHANT    SEAMEN. 

106.  Account  of  apprentices  on  board. 


85 


Christian  and  sur- 
name of  ap- 
prentice in  lull 


Date  of  regis-     Port  at  which 
try  of  inden-   I  indenture  was 
tare.  I     registered. 


Date  of  regis- 
ter of  assign- 
ment. 


Port  at  which 

assignment  was 

registered. 


86 


PART    Y. MERCHANT    SEAilEX. 


Dec.  21, 1898. 
Sec.  23. 


107.  Scale  of  pro/isions  to  be  allowed  and  served  out  to  the  crew  during  the 
voyage. 


"Water quarts . . 

Biscuit ■ pound . . 

Beef,  salt pounds . . 

Pork,  salt pound.. 

Flour pound . . 

Canned  meat pound . . 

Fresh  bread pounds . . 

Fish,  dry,  preserved,  or  fresh . .  .pound. . 

Potatoes  or  yams pound. . 

Canned  tomatoes pound.. 

Pease pint.. 

Beans pint.. 

Eice pint.. 

Coffee  (green  berry) ounce.. 

Tea ounce. . 

Sugar ounces . . 

Molasses pint. . 

Dried  fruit ounces.. 

Pickles pint.. 

Tin  egar pint. . 

Corn  meal ounces.. 

Onions ounces . . 

Lard ounce.. 

Butter ounce . . 

Mustard,  pepper,  and  salt  sufficient  for 
seasoning. 


IJ        IJ 


IJ 


li 


SUBSTITUTES. 


One  pound  of  flour  daily  may  be  substituted  for  the  daily 
ration  of  biscuit  or  fresh  bread ;  t^vo  ounces  of  desiccated 
vegetables  for  one  pound  of  potatoes  or  yams;  six  ounces 
of  hominy,  oatmeal,  or  cracked  wheat,  or  two  ounces  of 
tapioca,  for  six  ounces  of  rice;  six  ounces  of  canned  vegeta- 
bles for  one  half  pound  of  canned  tomatoes;  one-eighth  of 
an  ounce  of  tea  for  three-fourths  of  an  ounce  of  coffee; 
three-fourths  of  an  ounce  of  coffee  for  one-eighth  of  an  ounce 
of  tea;  six  ounces  of  canned  fruit  for  three  ounces  of  dried 
fruit;  one-half  ounce  of  lime  juice  for  the  daily  ration  of 
vinegar;  four  ounces  of  oatmeal  or  cracked  wheat  for  one- 
half  pint  of  corn  meal;  two  ounces  of  pickled  onions  for 
four  ounces  of  fi'esh  onions. 

When  the  vessel  is  in  port  and  it  is  possible  to  obtain 
the  same,  one-and-one-half  pounds  of  fresh  meat  shall  be 
substituted  for  the  daily  rations  of  salt  and  canned  meat; 
one-half  pound  of  green  cabbage  for  one  ration  of  canned 
tomatoes;  one-half  pound  of  fresh  fruit  for  one  ration  of 
dried  fruit.  Fresh  fruit  and  vegetables  shall  be  served 
while  in  port  if  obtainable.  The  seamen  shall  have  the 
option  of  accepting  the  fare  the  master  may  provide,  but 
the  light  at  any  time  to  demand  the  foregoing  scale  of  pro- 
visions. The  foregoing  scale  of  provisions  shall  be  inserted 
in  every  article  of  agreement,  and  shall  not  be  reduced  by  any 
contract,  except  as  above,  and  a  copy  of  the  same  shall  be 
posted  in  a  conspicuous  place  in  the  galley  and  in  tbe  fore- 
castle of  each  vessel.  [Fishing  or  whaling  vessels  or  yachts 
exempt,  December  21,  1898,  sec.  26.] 


PART    V. MERCHANT    SEAMEN. 


87 


Table  B. 


108.  Certificate  of  discharge. 


5  a 
>  « 


<s  2 


ft 


I  certify  that  the  above  particulars  are  correct,  and  that 
the  above-named  seaman  was  discharged  accordingly. 
Dated day  of ,  eighteen  hundred  and . 


(Signed) 
(Countersigned) 


Master. 


Seaman. 


Given  to  the  above-named  seaman  in  my  presence  this 
—  day  of ,  eighteen  hundred  and . 


(Signed) 


Shipping-Commissioner. 


109.  Sick  and  disabled  seamen. 

The  President  is  authorized  to  receive  donations  of  real 
or  personal  property,  in  the  name  of  the  United  States,  for 
the  erection  or  support  of  hospitals  for  sick  and  disabled 
seamen. 

The  expense  of  maintaining  the  Marine  Hospital  Service 
shall  hereafter  be  borne  by  the  United  States  out  of  the 
receipts  for  duties  on  tonnage  provided  for  by  this  act; 
and  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated for  that  purpose. 

The  term  "seaman,"  wherever  employed  in  legislation 
relating  to  the  marine-hospital  service,  shall  be  held  to 
include  any  person  emi)Ioyed  on  board  in  the  care,  preser- 
vation, or  navigation  of  any  vessel,  or  in  the  service,  on 
board,  of  those  engaged  in  such  care,  preservation,  or  navi- 
gation. 


K.S.,4801. 


June  2e,  1884. 
Sec.  15. 


Mar.  3, 1875. 
Sec.  3. 


88  PART    Y. MERCHANT    SEAMEN. 

K.  s.,4804.  -^Q  person  employed  in  or  connected  with  the  navigation, 

management,  oruseof  canal  boats  engaged  in  tlie  coasting- 
trade  shall  by  reason  thereof  be  entitled  to  any  benefit  or 
relief  from  tlie  marine-hospital  fund. 
Mar. 3, 1875,         Sick  and  disabled  seamen  of  foreign  vessels  and  of  ves- 
sec.6.  sels  [not  subject  to  hospital-dues]  may  be  cared  for  by  the 

June  26, 1884.  mariuehospital  service  at  such  rates  and  under  such  regu- 
sec.  15.  lations  as  the  Secretary  of  the  Treasury  may  prescribe. 

K.s.,4805.  Sick  foreign  seamen  may  be  admitted  to  the  marine  hos- 

pitals within  the  United  States,  if  it  can  with  convenience 
be  done,  on  the  application  of  the  master  of  any.  foreign 
vessel  to  which  any  such  seaman  may  belong.     Each  sea- 
Mar  3  1875      ^^'^  ^^  admitted  shall  be  subject  to  a  charge  of  [seventy-five 
secle.  cents]  per  day  for  each  day  he  may  remain  in  the  hospital, 

which  shall  be  paid  by  the  master  of  such  foreign  vessel  to 
the  collector  of  the  collection-district  in  which  such  hos 
pital  is  situated.  And  the  collector  shall  not  grant  a  clear- 
ance to  any  foreign  vessel  until  the  money  so  due  from  her 
master  shall  be  paid.  The  officer  in  charge  of  each  hospital 
is  hereby  directed,  under  penalty  of  fifty  dollars,  to  make 
out  the  accounts  against  each  foreign  seaman  that  may  be 
placed  in  the  hospital  under  his  direction,  and  render  the 
same  to  the  collector. 

Mar.  3, 1875.         lusauc  paticuts  of  Said  [marine  hospital]  service  shall  be 
Sec.  5.  admitted  into  the  Government  Hospital  for  the  Insane  upon 

the  order  of  the  Secretary  of  the  Treasury,  and  shall  be 
cared  for  therein  until  cured  or  until  removed  by  the  same 
authority :  and  the  charge  for  each  such  patient  shall  not 
exceed  four  dollars  and  fifty  cents  a  week,  which  charge 
shall  be  paid  out  of  the  marine-hospital  fund. 

Aug. 4, 1894.  The  privilege  of  admission  to  and  temporary  treatment 
in  the  marine  hospitals  under  the  control  of  the  Govern- 
ment of  the  United  States  be,  and  is  hereby,  extended  to 
the  keepers  and  crews  of  the  Life-Saving  Service  under 
the  same  rules  and  regulations  as  those  governing  sailors 
and  seamen,  and  for  the  purposes  of  this  Act  members  of 
the  Life-Saving  Service  shall  be  received  in  said  hospitals 
and  treated  therein,  and  at  the  dispensaries  thereof,  as  are 
seamen  of  American  registered  vessels;  but  this  Act  shall 
not  be  so  construed  as  to  compel  the  establishment  of  hos- 
pitals or  dispensaries  for  the  benefit  of  said  keepers  and 
crews,  nor  as  establishing  a  home  for  the  same  when  per- 
manently disabled. 

110.  Jurisdiction  over  American  seamen  in  foreign  ports  and  foreign  seamen 
in  American  ports. 

■R.  s.,  4079.  Whoiever  it  is  stipulated  by  treaty  or  convention  between 

the  United  States  and  any  foreign  nation  that  the  consul- 
general,  consuls,  vice-consuls,  or  consular  or  commercial 
agents  of  each  nation,  shall  have  exclusive  jurisdiction  of 
controversies,  difficulties,  or  disorders  arising  at  sea  or  in 
the  waters  or  ports  of  the  other  nation,  between  the  master 
or  officers  and  any  of  the  crew,  or  between  any  of  the  crew 
themselves,  of  any  vessel  belonging  to  the  nation  repre- 


PART  V. — MERCHANT  SEAMEN.  89 

sented  by  sucli  consular  officer,  such  stipulations  shall  be 
executed  and  enforced  within  the  Jurisdiction  of  the  Tnited 
States  as  liereinafter  declared.  lUit  before  this  section  sliall 
take  effect  as  to  the  vessels  of  any  particuhir  nation  liavin^ 
such  treaty  with  the  United  States,  the  President  shall  be 
satisfied  that  similar  provisions  have  been  made  for  the 
execution  of  such  treaty  by  the  other  contracting  i)arty, 
and  shall  issue  his  proclamation  to  that  effect,  declaring 
this  section  to  be  in  force  as  to  such  nation. 

In  all  cases  within  the  purview  of  the  preceding  section  ks.,408o. 
the  consul-general,  consul,  or  other  consular  or  commercial 
iuthority  of  such  foreign  nation  charged  with  the  appro- 
priate duty  in  the  })articular  case,  may  make  application 
to  any  court  of  record  of  the  United  States,  or  to  any  judge 
thereof,  or  to  any  commissioner  of  a  district  court,  setting  ^^'y  28,i896. 
forth  that  such  controversy,  difficulty,  or  disorder  has 
arisen,  brietiy  stating  the  nature  thereof,  and  when  and 
where  the  same  occurred,  and  exhibiting  a  certified  copy  or 
abstract  of  the  shij)ping-articles,  roll,  or  other  proi)er  i)aper 
of  the  vessel,  to  the  effect  that  the  person  in  question  is  of 
the  crew  or  ship's  company  of  such  vessel;  and  further 
stating  and  certifying  that  such  person  has  withdrawn  him- 
self, or  is  believed  to  be  about  to  withdraw  himself,  from 
the  control  and  discipline  of  the  master  and  officers  of  the 
vessel,  or  that  he  has  refused,  or  is  about  to  lefuse,  to  sub- 
mit to  and  obey  the  lawful  jurisdiction  of  such  consular  or 
commercial  authority  in  the  premises;  and  further  stating 
and  certifying  that,  to  the  best  of  the  knowledge  and  belief 
of  the  officer  certifying,  such  person  is  not  a  citizen  of  the 
United  States.  Such  application  shall  be  in  writing  and 
duly  authenticated  by  the  consular  or  other  sufficient  offi- 
cial seal.  Thereupon  such  court,  judge,  or  commissioner 
shall  issue  his  warrant  for  the  arrest  of  the  person  so  com- 
plained of,  directed  to  the  marshal  of  the  United  States 
for  the  appropriate  district,  or  in  his  discretion  to  any  per- 
son, being  a  citizen  of  the  United  States,  whom  he  may 
specially  depute  for  the  purpose,  requiring  such  person  to 
be  brought  before  him  for  examination  at  a  certain  time  and 
place. 

If,  on  such  examination,  it  is  made  to  appear  that  the  R.s.,4o«i. 
person  so  arrested  is  a  citizen  of  the  United  States,  he  shall 
be  forthwith  discharged  from  arrest,  and  shall  be  left  to 
the  ordinary  course  of  law.  l>ut  if  this  is  not  made  to 
appear,  and  such  court,  judge,  or  commissioner  finds,  upon 
the  papers  hereinbefore  referred  to,  a  sufficient  prima- 
facie  case  that  the  matter  concerns  only  the  internal  order 
and  discipline  of  such  foreign  vessel,  or,  whether  in  its 
nature  civil  or  criminal,  does  not  affect  directly  the  execu- 
tion of  the  laws  of  the  United  States,  or  the  rights  and 
duties  of  any  citizen  of  the  United  States,  he  shall  forth- 
with, by  his  warrant,  commit  such  person  to  prison,  where 
prisoners  under  sentence  of  a  court  of  the  United  States 
may  be  lawfully  committed,  or,  in  his  discretion,  to  the 
master  or  chief  officer  of  such  foreign  vessel,  to  be  subject 
to  the  lawful  orders,  control,  and  discipline  of  such  master 


90  PART  V. MERCHANT  SEAMEN. 

or  chief  officer,  and  to  the  jurisdictiou  of  the  consular  or 
commercial  authority  of  the  nation  to  which  such  vessel 
belongs,  to  the  exclusion  of  any  authority  or  jurisdiction 
in  the  premises  of  the  United  States  or  any  State  thereof. 
Ko  person  shall  be  detained  more  than  two  months  after 
his  arrest,  but  at  the  end  of  that  time  shall  be  set  at  liberty 
and  shall  not  again  be  arrested  for  the  same  cause.  The 
expenses  of  the  arrest  and  the  detention  of  the  person  so 
arrested  shall  be  paid  by  the  consular  officer  making  the 
application. 

E.s.,728.  Ti^e  district  and  circuit  courts,  and  the  commissioners 

May  28,1896.  of  ^j^g  district  courts,  shall  have  power  to  carry  into  effect, 
according  to  the  true  intent  and  meaning  thereof,  the  award, 
or  arbitration,  or  decree  of  any  consul,  vice-consul,  or  com- 
mercial agent  of  any  foreign  nation,  made  or  rendered  by 
virtue  of  authority  conferred  on  him  as  such  consul,  vice- 
consul,  or  commercial  agent,  to  sit  as  judge  or  arbitrator  in 
such  differences  as  may  arise  between  the  captains  and 
crews  of  the  vessels  belonging  to  the  nation  whose  inter- 
ests are  committed  to  his  charge,  application  for  the 
exercise  of  such  power  being  first  made  to  such  court  or 
commissioner  by  petition  of  such  consul,  vice  consul,  or 
commercial  agent.  And  said  courts  and  commissioners 
may  issue  all  proper  remedial  process,  mesne  and  final,  to 
carry  into  full  effect  such  award,  arbitration,  or  decree, 
and  to  enforce  obedience  thereto,  by  imprisonment  in  the 
jail  or  other  place  of  confinement  in  the  district  in  which 
the  United  States  may  lawfully  imprison  any  person  arrested 
under  the  authority  of  the  United  States,  until  such  award, 
arbitration,  or  decree  is  complied  with,  or  the  parties  are 
otherwise  discharged  therefrom,  by  the  consent  in  writing 
of  such  consul,  vice-consul,  or  commercial  agent,  or  his 
successor  in  office,  or  by  the  authority  of  the  foreign  gov- 
ernment appointing  such  consul,  vice-consul,  or  commercial 
agent:  Provided,  hoicever,  That  the  expenses  of  the  said 
imprisonment,  and  maintenance  of  the  prisoners,  and  the 
cost  of  the  proceedings,  shall  be  borne  by  such  foreign 
government,  or  by  its  consul,  vice-consul,  or  commercial 
agent  requiring  such  imprisonment.  The  marshals  of  the 
United  States  shall  serve  all  such  process,  and  do  all  other 
acts  necessary  and  proper  to  carry  into  effect  the  premises, 
under  the  authority  of  the  said  courts  and  commissioners. 

111.  Seamen's  witness  fees. 

R.s.,851.  There  shall  be  paid  to  each  seaman  or  other  pervson  who 

is  sent  to  the  United  States  from  any  foreign  port,  sta- 
tion, sea,  or  ocean,  by  any  United  States  minister,  charge 
d'affaires,  consul,  captain,  or  commander,  to  give  testimony 
in  any  criminal  case  depending  in  any  court  of  the  United 
States,  such  compensation,  exclusive  of  subsistence  and 
transportation,  as  such  court  may  adjudge  to  be  proper, 
not  exceeding  one  dollar  for  each  day  necessarily  employed 
in  such  voyage,  and  in  anivingat  the  place  of  examination 
or  trial.  In  fixing  such  coni[)ensation,  the  court  shall  take 
into  consideration  the  condition  of  said  seaman  or  witness, 


PART  V. — MERCHANT  SEAMEN.  91 

aud  whether  his  voyage  has  been  brokeu  up,  to  his  injury, 
by  his  being  sent  to  the  United  States.  When  such  sea- 
man or  person  is  transported  in  an  armed  vessel  of  the 
United  States  no  charge  for  subsistence  or  trans})ortation 
shall  be  allowed.  Wlien  he  is  transported  in  any  other 
vessel,  the  compensation  for  his  trans])ortation  and  sub- 
sistence, not  exceeding  in  any  case  fifty  cents  a  day,  may 
be  fixed  by  the  court,  aud  shall  be  paid  to  the  captaiu  of 
said  vessel  accordingly. 


Part  VI.— SEAWORTHINESS,  SUPPLIES,  LOG-BOOK. 


112.  Unseaworthy  vessels. 

113.  Inspection  of  hulls. 

114.  luspection  of  seaworthiness  at  do- 

mestic ports. 

115.  Inspection  of  seaworthiness  at  for- 

eign ports. 


116.  Provisions  and  water. 

117.  Weights  and  measures. 

118.  Medicines  and  anti-srorbutics. 

119.  Slop-chest. 

120.  Warmth  in  cold  weather. 

121.  Loff-book. 


Dec.  21,  1898. 
Sec.  11. 


112.  Unseaworthy  vessels. 

If  any  person  knowingly  sends  or  attempts  to  send  or  is 
party  to  the  sending  or  attempting  to  send  an  American 
ship  to  sea,  in  the  foreign  or  coastwise  trade,  in  such  an 
unseaworthy  state  that  the  life  of  any  person  is  likely  to  be 
thereby  endangered,  he  shall,  in  respect  of  each  oftense,  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine 
not  to  exceed  one  thousand  dollars  or  by  imprisonment  not 
to  exceed  live  years,  or  both,  at  the  discretion  of  the  court, 
unless  he  proves  that  eitlier  he  used  all  reasonable  means 
to  insure  her  being  sent  to  sea  in  a  seaworthy  state,  or  that 
her  going  to  sea  in  an  unseaworthy  state  was,  under  the 
circumstances,  reasonable  and  justifiable,  and  for  tlie  pur- 
poses of  giving  that  proof  he  may  give  evidence  in  the  same 
manner  as  any  other  witness.  [This  section  shall  not  apply 
to  fishing  or  whaling  vessels  or  yachts,  Dec.  21, 1898,  Sec. 
2G.1 


E.  S.,  4417. 


Dec.  21,  1898. 
Sec.  4. 


92 


113.  Inspection  of  hulls. 

The  local  inspectors  [of  steam  vessels]  shall,  once  in  every 
year,  at  least,  upon  api)lication  in  writing  of  the  master  or 
owner,  carefully  inspect  the  hull  of  each  steam- vessel  within 
their  respective  districts,  and  shall  satisfy  themselves  that 
every  such  vessel  so  submitted  to  their  inspection  is  of  a 
structure  suitable  for  the  service  in  which  she  is  to  be 
employed,  has  suitable  accommodations  for  passengers  and 
the  crew,  and  is  in  a  condition  to  warrant  the  belief  that 
she  may  be  used  in  navigation  as  a  steamer,  with  safety  to 
life,  and  that  all  the  requirements  of  law  in  regard  to  fires, 
boats,  pumps,  hose,  life-preservers,  floats,  anchors,  cables, 
and  other  things,  are  faithfully  complied  with ;  and  if  they 
deem  it  expedient,  they  may  direct  the  vessel  to  be  ])ut  in 
motion,  and  may  adopt  any  other  suitable  means  to  test  her 
sufficiency  and  that  of  her  equipment. 

The  local  inspectors  [of  steam  vessels]  shall,  once  in  every 
year,  at  least,  or  upon  application  in  writing  of  the  master 
or  owner,  carefully  inspect  the  hull  of  each  sail  vessel  of 


PART    VI. SEAWORTHINESS,  SUPPLIES,  LOG-BOOK.  93 

over  seven  hundred  tons  and  all  other  vessels  and  l)arges 
of  over  one  hundred  tons  burden  carryin<>'  ])as.senj:ers  for 
hire  within  their  respective  districts,  and  shall  satisfy  them- 
selves that  every  such  vessel  so  submitted  to  their  ins[)ec- 
tion  is  of  a  structure  suitable  for  the  service  in  which  slie 
is  to  be  employed,  has  suitable  acconmuxlations  for  the 
crew,  and  is  in  a  condition  to  warrant  the  belief  that  slie 
may  be  used  in  navigation  with  safety  to  life. 

114.  Inspection  of  seaworthiness  at  domestic  ports. 

If  the  first  and  second  officers  under  the  master  or  a  ks.,  455c. 
majority  of  the  crew  of  any  vessel  bound  on  any  voyage  i;>«c.  21,  i898. 
shall,  before  the  vessel  shall  have  left  the  harbor,  discover  ^^^'"^ 
that  the  vessel  is  tooleaky  or  is  otherwise  unlit  in  her  crew, 
body,  tackle,  apparel,  furniture,  ])rovisions,  or  stores  to  pro- 
ceed on  the  intended  voyage,  and  shall  require  such  uufit- 
uess  to  be  inquired  into,  the  master  shall,  upon  the  request 
of  the  first  and  second  officers  under  the  master  or  such 
majority  of  the  crew,  forthwith  apply  to  the  judge  of  the 
district  court  of  that  judicial  district,  if  he  shall  there  reside, 
or  if  not,  to  some  justice  of  the  i^eace  of  the  city,  town,  or 
I^lace  for  the  appointment  of  surveyors,  as  in  section  forty- 
live  hundred  and  fift}'- seven  provided,  taking  with  him  two 
or  more  of  the  crew  who  shall  have  made  such  request;  and 
any  master  refusing  or  neglecting  to  comply  with  these 
provisions  shall  be  liable  to  a  penalty  of  five  hundred  dol- 
lars. [This  section  shall  not  apply  to  fishing  or  whaling 
\essels  or  yachts— Dec.  21,  1898,  Sec.  26.J 

The  judge,  or  justice,  in  a  domestic  port,  shall,  upon  such  r.  s.,  4557. 
application  of  the  master  or  commander,  issue  his  ])recept,  Dec.21,  i898. 
directed  to  three  persons  in  the  neighborhood,  the  most  ^^^-^ 
experienced  and  skillful  in  maritime  affairs  that  can  be  pro- 
cured ;  and  whenever  such  complaint  is  about  the  provisions 
one  of  such  surveyors  shall  be  a  physician  or  a  surgeon  of 
the  Marine  Hospital  Service,  if  such  service  is  established 
at  the  place  where  the  complaint  is  made.  It  shall  be  the 
duty  of  such  survcycirs  to  repair  on  board  such  vessel  and 
to  examine  the  same  in  respect  to  the  defects  and  insufli 
ciencies  complained  of,  and  make  reports  to  the  judge,  or 
justice,  as  the  case  may  be,  in  writing,  under  their  hands 
or  the  hands  of  two  of  them,  whether  in  any  or  in  what 
respect  the  vessel  is  unfit  to  proceed  on  the  intended  voy- 
age, and  what  addition  of  men,  provisions,  or  stores,  or  what 
repairs  or  alterations  in  the  body,  tackle,  or  apparel  will  be 
necessary;  and  upon  such  rei)ort  the  judge  or  justice  shall 
adjudge  and  shall  indorse  on  his  report  his  judgment 
whether  the  vessel  is  fit  to  proceed  on  the  intended  voyage, 
and,  if  not,  whether  such  repairs  can  be  made  or  deticieu 
cies  supplied  where  the  vessel  then  lies,  or  whether  it  is 
necessary  for  her  to  i)roceed  to  the  nearest  or  most  conveni- 
ent place  where  such  supplies  can  be  made  or  deficiencies 
sup])lied;  and  the  master  and  tlie  crew  shall,  in  all  things, 
conform  to  the  judgment.  The  master  or  commander  shall, 
in  the  first  instance,  ])ay  all  the  costs  of  such  review,  report, 
or  judgment,  to  be  taxed  and  allowed  on  a  fair  copy  thereof, 


94  PART    YI. SEAWORTHINESS,  SUPPLIES,  LOG-BOOK. 

certified  by  the  judge  or  justice.  But  if  the  complaint  of 
the  crew  shall  a])pear  upon  the  report  and  judgment  to  have 
been  without  foundation,  the  master  or  commander,  or  the 
owner  or  consignee  of  such  vessel,  shall  deduct  the  amount 
thereof,  and  of  reasonable  damages  for  the  detention,  to  be 
ascertained  by  the  judge  or  justice,  out  of  the  wages  of  the 
complaining  seamen.  [This  section  shall  not  apply  to  fish- 
ing or  whaling  vessels  or  yachts — Dec.  21, 1898,  Sec.  2(5.] 

E.  s.,  4558.  if^  after  judgment  that  such  vessel  is  fit  to  proceed  on  her 

Dec. 21, 1898.     intended  voyage,  or  after  procuring  such  men,  provisions, 
'^^'^'  stores,  repairs,  or  alterations  as  may  be  directed,  the  sea- 

men, or  either  of  them,  shall  refuse  to  proceed  on  the  voyage, 
he  shall  forfeit  any  wages  that  may  be  due  him.  [This  sec- 
tion shall  not  api)ly  to  fishing  or  whaling  vessels  or  yachts — 
Dec.  21,  1898,  Sec.  26.] 

115.  Inspection  of  seaworthiness  in  foreign  ports. 
R.  s.,4559.  Upon  a  complaint  in  writing,  signed  by  the  first  or  second 

s^t^w"^^^^  officer  and  a  majority  of  the  crew  of  any  vessel  while  in  a 
foreign  port,  that  such  vessel  is  in  an  unsuitable  condition 
to  go  to  sea  because  she  is  leaky  or  insufficiently  supplied 
with  sails,  rigging,  anchors,  or  any  other  equipment,  or  that 
the  crew  is  insufficient  to  man  her,  or  that  her  provisions, 
stores,  and  supplies  are  not,  or  have  not  been  during  the 
voyage,  sufficient  and  wholesome;  thereu])on,  in  any  of 
these  or  like  cases,  the  consul,  or  a  commercial  agent  who 
may  discharge  any  duties  of  a  consul,  shall  cause  to  be 
appointed  three  persons,  of  like  qualifications  with  those 
described  in  section  forty-five  hundred  and  fifty-seven,  who 
shall  proceed  to  examine  into  the  causes  of  complaint,  and 
they  shall  be  governed  in  all  their  proceedings  and  proceed 
as  provided  in  section  forty-five  hundred  and  fifty-seven. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  Sec.  2(3.] 

R.s.,4560.  The  inspectors  appointed  by  any  consul  or  commercial 

agent,  in  pursuance  of  the  preceding  section,  shall  have 
full  i^ower  to  examine  the  vessel  and  whatever  is  aboard  of 
her,  so  far  as  is  pertinent  to  their  inquiry,  and  also  to  hear 
and  receive  any  other  proofs  which  the  ends  of  justice  may 
require;  and  if,  upon  a  view  of  the  whole  proceedings,  the 
consul  or  other  commercial  agent  is  satisfied  therewith,  he 
may  approve  the  whole  or  any  part  of  the  report,  and  shall 
certify  such  approval;  or  if  he  dissents,  he  shall  certify  his 
reasons  for  dissenting. 

K.  s.,  4561.  The  inspectors  in  their  report  shall  also  state  whether  in 

juDe  26, 1884.  ^jjgjj.  opiniou  thc  vessel  was  sent  to  sea  unsuitably  provided 
m  any  important  or  essential  particular,  by  neglect  or 
design,  or  through  mistake  or  accident;  and  in  case  it  was 
by  neglect  or  design,  and  the  consular  officer  approves  of 
such  finding,  he  shall  discharge  such  of  the  crew  as  request 
it,  and  shall  require  the  payment  by  the  master  of  one 
month's  wages  for  each  seaman  over  and  above  the  wages 
then  due,  or  sufficient  money  for  the  return  of  such  of  the 
crew  as  desire  to  be  discharged  to  the  nearest  and  most 


Dec.  21, 1898 
Sec.  11 


PART   VI. SEAWORTHINESS,  SUPPLIES,  LOG-BOOK.  95 

convenient  port  of  tbe  United  States,  or  by  fnrnisliing  tbe 
seamen  wlio  so  desire  to  be  discharged  with  eini)h)yiiient 
on  a  shi])  a<;reed  to  by  them.  But  if  in  the  opinion  of  the 
inspectors  the  defects  or  deficiencies  found  to  exist  have 
been  the  result  of  mistake  or  accident,  an<l  could  not,  in 
the  exercise  of  ordinary  care,  have  been  known  and  pro- 
vided against  before  the  sailing  of  the  vessel,  and  the 
master  shall  in  a  reasonable  time  remove  or  leinedy  the 
causes  of  complaint,  then  the  crew  shall  remain  and  dis- 
charge their  duty.  [This  section  shall  not  apply  to  tishing 
or  whaling  vessels  or  yachts — Dec.  21,  1898,  Sec.  i'6.J 

The  master  shall  pay  all  such  reasonable  charges  for  k.s.,4562. 
inspection  under  such  complaint  as  shall  be  orticially  certi- 
fied to  him  under  the  hand  of  the  consul  or  commercial 
agent;  but  in  case  the  inspectors  report  that  the  complaint 
is  without  any  good  and  sufdcient  cause,  the  master  nuiy 
retain  from  the  wages  of  the  complainants,  in  ])r()i)ortion 
to  the  pay  of  each,  the  amount  of  such  charges,  with  such 
reasonable  damages  for  detention  on  that  account  as  the 
consul  or  commercial  agent  directing  the  inquiry  may  offi- 
cially certify. 

Every  master  who  refuses  to  pay  such  wages  and  charges  k-  s-, 4563. 
shall  be  liable  to  each  person  injured  thereby,  in  damages, 
to  be  recovered  in  any  court  of  the  United  States  in  the 
district  where  such  delinquent  may  reside  or  be  found,  and 
in  addition  thereto  be  punishable  by  a  fine  of  one  hundred 
dollars  for  each  offense. 

116.  Provisions  and  water. 

Should  any  master  or  owner  or  any  merchant  vessel  of  Rs.,4564. 
the  United  States  neglect  to  provide  a  sufficient  quantity  gg^g^'^g'^ 
of  stores  to  last  for  a  voyage  of  ordinary  duration  to  the 
port  of  destination,  and  in  consequence  of  such  neglect  the 
crew  are  comi)elIed  to  accept  a  reduced  scale,  such  master 
or  owner  shall  be  liable  to  a  penalty  as  provided  in  section 
forty-five  hundred  and  sixty-eight  of  the  Kevised  Statutes. 

Any  three  or  more  of  tbe  crew  of  any  merchant- vessel  of  ^^  s.,4565. 
the  United  States  bound  from  a  port  in  the  United  States 
to  any  foreign  port,  or  being  of  the  burden  of  seventy-five 
tons  or  upward,  and  bound  from  a  port  on  the  Atlantic  to 
a  port  on  the  Pacific,  or  vice  versa,  may  complain  to  any 
officer  in  command  of  any  of  the  vessels  of  the  United  States 
Navy,  or  consular  officer  of  the  United  States,  or  shipping- 
commissioner  or  chief  officer  of  the  customs,  that  the  pro- 
visions or  water  for  the  use  of  the  crew  are,  at  any  time,  of 
bad  quality,  unfit  for  use,  or  deficient  in  quantity.  Such 
officer  shall  thereupon  examine  the  i)rovisions  or  water,  or 
cause  them  to  be  examined;  and  if,  on  examination,  such 
provisions  or  water  are  found  to  be  of  bad  (piality  and 
unfit  for  use,  or  to  be  deficient  in  (|uantity,  tbe  person  mak- 
ing such  examination  shall  certify  the  same  in  writing  to 
the  master  of  the  ship.  U  such  master  does  not  thereupon 
provide  other  proi)er  provisions  or  water,  where  the  same 
can  be  bad,  in  lieu  of  any  so  certified  to  be  of  a  bad  quality 


96  PART   VI. SEAWORTHINESS,  SUPPLIES,  LOG-BOOK. 

and  unfit  for  use,  or  does  not  procure  the  requisite  quan- 
tity of  any  so  certified  to  be  insufticieut  in  quantity,  or 
uses  any  i)rovisions  or  water  which  have  been  so  certified 
as  aforesaid  to  be  of  bad  quality  and  unfit  for  use,  he  shall, 
in  every  such  case,  be  liable  to  a  penalty  of  not  more  than 
one  hundred  dollars;  and  upon  every  such  examination  the 
officers  making  or  directing  the  same  shall  enter  a  state- 
ment of  the  result  of  the  examination  in  the  log-book,  and 
shall  send  a  report  thereof  to  the  district  judge  for  the 
judicial  district  embracing  the  port  to  which  such  vessel  is 
bound;  and  such  report  shall  be  received  in  evidence  in 
any  legal  proceedings. 

R.s.,45C6.  If  the  officer  to  whom  any  such  complaint  in  regard  to 

Dec.  21, 1898.     ^jjg  provisious  or  the  water  is  made  certifies  in  such  state- 
^^^■'^^-  ment  that  there  was  no  reasonable  ground  for  such  com- 

plaint, each  of  the  parties  so  complaining  shall  forfeit  to 
the  master  or  owner  his  share  of  the  expense,  if  any,  of 
the  survey.  [This  section  shall  not  apply  to  fishing  or 
whaling  vessels  or  yachts — Dec.  21,  1898,  Sec.  26.] 

R.s.,4567.  If  any  seamen,  while  on  board  any  vessel,  shall  state  to 

the  master  that  they  desire  to  make  complaint,  in  accord- 
ance with  the  two  preceding  sections,  in  regard  to  the  pro- 
visions or  the  water,  to  a  competent  officer,  against  the 
master,  the  master  shall,  if  the  vessel  is  then  at  a  plac^e 
where  there  is  any  such  officer,  so  soon  as  the  service  of 
the  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such 
a  place,  so  soon  after  her  first  arrival  at  such  place  as  the 
service  of  the  vessel  will  permit,  allow  such  seamen,  or 
any  of  them,  to  go  ashore,  or  shall  send  them  ashore,  in 
proper  custody,  so  that  they  may  be  enabled  to  make  such 
complaint;  and  shall,  in  default,  be  liable  to  a  penalty  of 
not  more  than  one  hundred  dollars. 

K.s.,4568.  if^  during  a  voyage,  the  allowance  of  any  of  the  provi- 

Dec.  21, 1898.  gJQQg  which  any  seaman  is  entitled  to  under  section  forty- six 
hundred  and  twelve  of  the  lievised  Statutes  is  reduced 
except  for  any  time  during  which  such  seaman  willfully 
and  without  sulificient  cause  refuses  or  neglects  to  perform 
his  duty,  or  is  lawfully  under  confinement  for  misconduct 
either  on  board  or  on  shore;  or  if  it  shall  be  shown  that 
any  of  such  provisions  are,  or  have  been  during  the  voy- 
age, bad  in  quality  or  unfit  for  use,  the  seaman  shall 
receive,  by  way  of  compensation  for  such  reduction  or  bad 
quality,  according  to  the  time  of  its  continuance,  the  fol- 
lowing sums,  to  be  paid  to  him  in  addition  to  and  to  be 
recoverable  as  wages : 

J^lrst.  If  his  allowance  is  reduced  by  any  quantity  not 
exceeding  one  third  of  the  quantity  specified  by  law,  a  sum 
not  exceeding  fifty  cents  a  day. 

Second.  If  his  allowance  is  reduced  by  more  than  one- 
third  of  such  quantity,  a  sum  not  exceeding  one  dollar  a 
day. 

Third.  In  respect  to  bad  quality,  a  sum  not  exceedmg 
one  dollar  a  day. 

But  if  it  is  shown  to  the  satisfaction  of  the  court  before 
which  the  case  is  tried  that  any  provisions,  the  allowance 


Sec.  14. 


PART    VI. — SEAWORTHIXESS,  SUPPLIES,  LOG-BOOK.  97 

of  which  has  been  reduced,  could  not  be  procured  or  sup- 
plied in  sufficient  quantities,  or  were  unavoidably  injured 
or  lost,  or  if  by  reason  of  its  innate  qualities  any  article 
becomes  unfit  for  use  and  that  proper  and  equivalent  sub- 
stitutes were  supi)lied  in  lieu  thereof,  the  court  shall  take 
such  circumstances  into  consideration  and  shall  modify  or 
refuse  compensation,  as  the  justice  of  the  case  may  require. 
[This  sectit)n  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  3898,  Sec.  26. J 

117.  Weights  and  measures. 

Every  master  shall  keep  on  board  proper  weights  and  i;s.,457i. 
measures  for  the  purpose  of  determining  the  quantities  of 
the  several  provisions  and  articles  served  out,  aiul  shall 
allow  the  same  to  be  used  at  the  time  of  serving  out  such 
provisions  and  articles,  in  the  presence  of  a  witness,  when- 
ever any  dispute  arises  about  such  ([uantities,  and  in  default 
shall,  for  every  offense,  be  liable  to  a  penalty  of  not  more 
than  fifty  dollars. 

118.  Medicines  and  anti-scorbutics. 

Every  vessel  belonging  to  a  citizen  of  the  United  States,  li- s, ■isuo. 
bound  from  a  port  in  the  United  States  to  any  foreign  port, 
or  being  of  the  burden  of  seventy-five  tons  or  upward,  and 
bound  from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific, 
or  vice  versa,  shall  be  provided  with  a  chest  of  medicines; 
and  every  sailing-vessel  bound  on  a  voyage  across  the 
Atlantic  or  Pacific  Ocean,  or  around  Cape  Horn,  or  the 
Cape  of  Good  Hope,  or  engaged  in  the  whale  or  other  fish- 
eries, or  in  sealing,  shall  also  be  provided  with,  and  cause 
to  be  kept,  a  sufficient  quantity  of  lime  or  lemon  juice, 
and  also  sugar  and  vinegar,  or  other  anti  scorbutics,  to  be 
served  out  to  every  seaman  as  follows :  The  master  of  every 
such  vessel  shall  serve  the  lime  or  lemon  juice,  and  sugar 
and  vinegar,  to  the  crew,  within  ten  days  after  salt  pro- 
visions mainly  have  been  served  out  to  the  crew,  and  so 
long  afterward  as  such  consumption  of  salt  provisions  con- 
tinues; the  lime  or  lemon  juice  and  sugar  daily  at  the  rate 
of  half  an  ounce  each  per  day;  and  the  vinegar  weekly,  at 
the  rate  of  half  a  pint  per  week  for  each  member  of  the 
crew. 

119.  Slop-chest 

Every  such  vessel  except  vessels  engaged  in  the  whaling    June  26,  i884. 
or  fishing  business  shall  also  be  provided  with  a  slop-chest,    sec.ii. 
which  shall  contain  a  complement  of  clothing  for  the  in- 
tended voyage  for  each  seaman  employed,  including  boots 
or  shoes,  hats  or  caps,  under  clothing  and  outer  clothing,    Juneio, isse. 
oiled  clothing,  and  everything  nec^essary  for  the  wear  of  a    ^^ecia. 
seaman:  also  a  full  supply  of  tobacco  and  blankets.     Any 
of  the  contents  of  the  slop  chest  shall  be  sold,  from  time  to 
time,  to  any  or  every  seaman  ai)plying  therefor,  for  his 
own  use,  at  a  profit  not  exceeding  ten  \ye.v  centum  of  the 
reasonable  wholesale  value  of  the  same  at  tiie  ])ort  at  which 
the  voyage  commenced.     And  if  any  such  vessel  is  not  pro- 
NAV  99,  PT  2 7 


98  PART    VI. SEAWORTHINESS,  SUPPLIES,  LOG-BOOK. 

vided,  before  sailiuu,  as  herein  required,  the  owner  shall 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dollars. 
The  provisions  of  this  section  shall  not  apply  to  vessels 
plying-  between  the  United  States  and  the  Dominion  of 
Canada,  Newfoundland,  the  Bermuda  Islands,  the  Bahama 
Islands,  the  West  Indies,  Mexico  and  Central  America. 
R.s.,4570.  j£^  ^^  ^jjy  such  vessel,  such  medicines,  medical  stores, 

lime  or  lemon  juice,  or  other  articles,  sugar,  and  vinegar, 
as  are  required  by  the  preceding  section,  are  not  provided 
and  kept  on  board,  as  required,  the  master  or  owner  shall 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dol- 
lars ;  and  if  the  master  of  any  such  vessel  neglects  to  serve 
.  out  the  lime  or  lemon  juice,  and  sugar  and  vinegar  in  the 
case  and  manner  directed,  he  shall  for  each  such  offense  be 
liable  to  a  penalty  of  not  more  than  one  hundred  dollars; 
and  if  any  master  is  convicted  in  either  of  the  offenses  men- 
tioned in  this  section,  and  it  appears  that  the  offense  is 
owing  to  the  act  or  default  of  the  owner,  such  master  may 
recover  the  amount  of  such  penalty,  and  the  costs  incurred 
by  him,  from  the  owner. 

120.  Warmth  in  cold  weather. 

R.S..4572.  Every  vessel  bound  on  any  foreign  voyage  exceeding  in 

Dec. 21, 1898.    j^ugth  fourtcen  days  shall  also  be  provided  with  at  least 
^'^'^ '  one  suit  of  woolen  clothing  for  each  seaman,  and  every 

vessel  in  the  foreign  or  domestic  trade  shall  provide  a  safe 
and  warm  room  for  the  use  of  seamen  in  cold  weather. 
Failure  to  make  such  provision  shall  subject  the  owner  or 
master  to  a  penalty  of  not  less  than  one  hundred  dollars, 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels  oi 
yachts— Dec.  21,  1896,  Sec.  26.] 

121.  Log-book. 

E.s.,429u.  Every  vessel  making  voyages  from  a  port  in  the  United 

States  to  any  foreign  port,  or  being  of  the  burden  of  sev- 
enty-five tons,  or  upward,  from  a  port  on  the  Atlantic  to  a 
port  on  the  Pacific,  or  vice  versa,  shall  have  an  official  log- 
book ;  and  every  master  of  such  vessel  shall  make,  or  cause 
to  be  made  therein,  entries  of  the  following  matters,  that 
is  to  say : 

First.  Every  legal  conviction  of  any  member  of  his  crew, 
and  the  punishment  inflicted. 

Second.  Every  offense  committed  by  any  member  of  his 
crew  for  whicli  it  is  intended  to  prosecute,  or  to  enforce  a 
forfeiture,  together  with  such  statement  concerning  the 
reading  over  such  entry,  and  concerning  the  reply,  if  any, 
made  to  the  charge,  as  is  required  by  the  provisions  of 
section  forty-five  hundred  and  ninety-seven. 

Third.  Every  offense  for  which  punishment  is  inflicted 
on  board,  and  the  punishment  inflicted. 

Fourth.  A  statement  of  the  conduct,  character,  and  quali- 
fications of  each  of  his  crew ;  or  a  statement  that  he  declines 
to  give  an  opinion  of  such  particulars. 

Fifth.  Every  case  of  illness  or  injury  happening  to  any 
member  of  the  crew,  with  the  nature  thereof,  and  the  med- 
ical treatment. 


PART    VI. SEAWORTHINESS,  SUPPLIES,  LOG-BOOK.  99 

Sixth.  Every  case  of  death  happeniDg  on  board,  with  the 
cause  thereof. 

Seventh.  Every  birth  luippening  on  board,  with  the  sex 
of  the  infant,  and  the  names  of  the  parents. 

Eighth.  Every  marriage  taking  phice  on  board,  with  the 
names  and  ages  of  the  parties. 

Ninth.  The  name  of  every  seaman  or  apprentice  who 
ceases  to  be  a  member  of  the  crew  otherwise  than  by  death, 
with  the  phice,  time,  manner,  and  cause  thereof. 

Tenth.  The  wages  due  to  any  seaman  or  apprentice  who 
dies  during  the  voyage,  and  the  gross  amount  of  all  deduc- 
tions to  be  made  therefrom. 

Eleventh.  The  sale  of  the  efiects  of  any  seaman  or  ap- 
prentice who  dies  during  the  voyage,  including  a  statement 
of  each  article  sold,  and  the  sum  received  for  it. 

Every  entry  hereby  required  to  be  made  in  the  othcial  K.s.,4291. 
log-book  shall  be  signed  by  the  master  and  by  the  mate,  or 
some  other  one  of  the  crew,  and  every  entry  in  the  otticial 
log-book  shall  be  made  as  soon  as  possible  after  the  occur- 
rence to  which  it  relates,  and,  if  not  made  on  the  same  day 
as  the  occurrence  to  which  it  relates,  shall  be  made  and 
dated  so  as  to  show  the  date  of  the  occurrence,  and  of  the 
entry  respecting  it;  and  in  no  case  shall  any  entry  therein, 
in  respect  of  any  occurrence  happening  previously  to  the 
arrival  of  the  vessel  at  her  final  port,  be  made  more  than 
twenty-four  hours  after  such  arrival. 

If  in  any  case  the  ofticial  log-book  is  not  kept  in  the  man-  k.  s.,  4292 
ner  hereby  required,  or  if  any  entry  hereby  directed  to  be 
made  in  any  such  log-book  is  not  made  at  the  time  and  in 
the  manner  hereby  directed,  the  master  shall,  for  each  such 
ott'euse,  be  liable  to  a  i)enalty  of  not  more  than  twenty-five 
dollars;  and  every  person  who  makes,  or  procures  to  be 
made,  or  assists  in  making,  any  entry  in  any  oflicial  log- 
book in  respect  of  any  occurrence  happening  previously  to 
the  arrival  of  the  vessel  at  her  final  port  of  discharge,  more 
than  twenty-four  hours  after  such  arrival,  shall,  for  each 
otieuse,  be  liable  to  a  penalty  of  not  more  than  one  hundred 
and  fifty  dollars. 


Part  VII.— LIABILITY  OF  OWNERS,  MASTERS,  AND 

SHIPPERS. 


122.  Liability  of  owners,   masters,  and  [  123.  Act  of  Felt.  18,  1893. 
shippers.  |  124.  General  libel  bond. 

122.  Liability  of  owners,  masters,  and  shippers. 

E.  s.,  4281.  If  any  shipper  of  platina,  gold,  gold  dust,  silver,  bul- 

lion, or  other  precious  metals,  coins,  jewelry,  bills  of  any 
bank  or  public  body,  diamonds,  or  other  precious  stones, 
or  any  gold  or  silver  in  a  manufactured  or  unmanufac- 
tured state,  watches,  clocks,  or  time  pieces  of  any  descrip- 
tion, trinkets,  orders,  notes,  or  securities  for  payment  of 
money,  stamps,  maps,  writings,  title-deeds,  printings, 
engravings,  iiictures,  gold  or  silver  plate  or  plated  articles, 
glass,  china,  silks  in  a  manufactured  or  unmanufactured 
state,  and  whether  wrought  up  or  not  wrought  up  with 
any  other  material,  furs,  or  lace,  or  any  of  tbem,  contained 
in  any  parcel,  or  package,  or  trunk,  shall  lade  the  same  as 
freight  or  baggage,  on  any  vessel,  without  at  the  time  of 
such  lading  giving  to  the  master,  clerk,  agent,  or  owner 
of  such  vessel  receiving  the  same  a  written  notice  of  the 
true  character  and  value  thereof,  and  having  the  same 
entered  on  the  bill  of  lading  therefor,  the  master  and 
owner  of  such  vessel  shall  not  be  liable  as  carriers  thereof 
in  any  form  or  manner;  nor  shall  any  such  master  or 
owner  be  liable  for  any  such  goods  beyond  the  value  and 
according  to  the  character  thereof  so  notified  and  entered. 

K.  s.,  4282.  ]s[o  owner  of  any  vessel  shall  be  liable  to  answer  for  or 

make  good  to  any  person  any  loss  or  damage  which  may 
happen  to  any  merchandise  whatsoever,  which  shall  be 
shipped,  taken  in,  or  put  on  board  any  such  vessel,  by 
reason  or  by  means  of  any  fire  hai^pening  to  or  on  board 
the  vessel,  unless  such  tire  is  caused  by  the  design  or 
neglect  of  such  owner. 

R.  s.,  4283.  The  liability  of  the  owner  of  any  vessel,  for  any  embez- 

zlement, loss,  or  destruction,  by  any  jierson,  of  any  prop- 
erty, goods,  or  merchandise,  sliij)ped  or  put  on  board  of 
such  vessel,  or  for  any  loss,  damage,  or  injury  by  collision, 
or  for  any  act,  matter,  or  thing,  lost,  damage,  or  forfeiture, 
done,  occasioned,  or  incurred,  without  the  privity  or  knowl- 
edge of  such  owner  or  owners,  shall  in  no  case  exceed  tbe 
amount  or  value  of  the  interest  of  such  owner  in  such 
vessel,  and  her  freight  then  pending. 

K.  s.,4284.  Whenever  any  such  embezzlement,  loss,  or  destruction 

is  suffered  by  several  freighters  or  owners  of  goods,  wares, 
100 


PART  VII. LIABILITY  OF  OWNERS,  MASTERS,  AND  SHIPPERS.       101 

mercliandise,  or  any  i)r(>i)erty  whatever,  on  the  same  voy- 
age, and  the  whole  \aliie  of  the  vessel,  and  her  freight  for 
the  voyage,  is  not  suflicient  to  make  compensation  to  each 
of  them,  they  shall  receive  compensation  from  the  owner 
of  the  vessel,  in  proportion  to  their  respective  losses;  and 
for  that  purpose  the  freighters  and  owners  of  the  prop- 
erty, and  the  owner  of  the  vessel,  or  any  of  them,  may 
take  the  appropriate  proceedings  in  any  court,  for  the 
purpose  of  apportioning  the  sum  for  which  the  owner  of 
the  vessel  may  be  liable  among  the  i)arties  entitled  thereto. 

It  shall  be  deemed  a  sufficient  compliance  on  the  part  of  "^  s.,4285 
such  owner  with  the  requirements  of  this  Title  [K.  S., 
4131-4305]  relating  to  his  liability  for  any  embezzlement, 
loss,  or  destruction  of  any  property,  goods,  or  merchan- 
dise, if  he  shall  transfer  his  interest  in  such  vessel  and 
freight,  for  the  benefit  of  such  claimants,  to  a  trustee,  to 
be  apj)ointed  by  any  court  of  competent  jurisdiction,  to 
act  as  such  trustee  for  the  person  who  may  prove  to  be 
legally  entitled  thereto;  from  and  after  which  transfer  all 
claims  and  proceedings  against  the  owner  shall  cease. 

The  charterer  of  any  vessel,  in  case  he  shall  man,  vict-  R.  s.,4286. 
ual,  and  navigate  such  vessel  at  his  own  expense,  or  by 
his  own  procurement,  shall  be  deemed  the  owner  of  such 
vessel  within  the  meaning  of  the  provisions  of  this  Title 
[R.  S.,  4131-4305]  relating  to  the  limitation  of  the  liability 
of  the  owners  of  vessels;  and  such  vessel,  when  so  char- 
tered, shall  be  liable  in  the  same  manner  as  if  navigated 
by  the  owner  thereof. 

Nothing  in  the  five  preceding  sections  shall  be  con-  k.s,4287. 
strued  to  take  away  or  atfect  the  remedy  to  which  any 
party  may  be  entitled,  against  the  master,  officers,  or  sea- 
men, for  or  on  account  of  any  embezzlement,  injury,  loss, 
or  destruction  of  merchandise,  or  property,  put  on  board 
any  vessel,  or  on  account  of  any  negligence,  fraud,  or  other 
malversation  of  such  master,  officers,  or  seamen,  respec- 
tively, nor  to  lessen  or  take  away  any  responsibility  to 
which  any  master  or  seaman  of  any  vessel  may  by  law  be 
liable,  notwithstanding  such  master  or  seaman  may  be  an 
owner  or  part  owner  of  the  vessel. 

Any  person  shipping  oil  of  vitriol,  unslacked  lime,  inflam-  j.  s.,  4288. 
mable  matches,  or  gunpowder,  in  a  vessel  taking  cargo  for 
divers  persons  on  freight,  without  delivering,  at  the  time 
of  shipment,  a  note  in  writing,  expressing  the  nature  and 
character  of  such  merchandise,  to  the  master,  mate,  officer, 
or"  person  in  charge  of  the  lading  of  the  vessel,  shall  be 
liable  to  the  United  States  in  a  penalty  of  one  thousand 
dollars. 

The  individual  liability  of  a  ship-owner,  shall  be  limited 
to  the  proportion  of  any  or  all  debts  and  liabilities  that  his 
individual  share  of  the  vessel  bears  to  the  whole;  and  tiio 
aggregate  liabilities  of  all  the  owners  of  a  vessel  on  account 
of  the  same  shall  not  exceed  the  value  of  such  vessel  and 


.lull 

(■  lit. 

188fi. 

Si-c. 

4. 

Jim 

I'  20, 

\38i. 

Src. 

18. 

102      PART  VII. LIABILITY  OF  OWNERS,  MASTERS,  AND  SHIPPERS. 

freight  pending:  Provided,  That  this  provision  shall  not 
affect  the  liability  of  any  owner  incurred  previous  to  the 
passage  of  this  act,  nor  prevent  any  claimant  from  joining 
all  the  owners  in  one  action;  nor  shall  the  same  apply  to 
wages  due  to  persons  employed  by  said  ship  owners. 

R.s.,4289.  The  provisions  of  the  seven  preceding  sections,  and  of 

Junei9,i886.    scctiou  eighteen  of  an  act  entitled  "An  act  to  remove  cer- 
^®*'-'*-  tain  burdens  on  the  American  merchant  marine  and  encour- 

age the  American  foreign  carrying-trade,  and  for  other 
purposes,"  approved  June  twenty-sixth,  eighteen  hundred 
and  eighty-four,  relating  to  the  limitations  of  the  liability 
of  the  owners  of  vessels,  shall  apply  to  all  sea-going  vessels, 
and  also  to  all  vessels  used  on  lakes  or  rivers  or  in  inland 
navigation,  including  canal-boats,  barges,  and  lighters. 

123.  Act  of  Feb.  18,  1893. 

Feb.  13, 1893.        It  shall  Hot  be  lawful  for  the  manager,  agent,  master  or 
Sec.i.  owner  of  any  vessel  transporting  merchandise  or  property 

from  or  between  ports  of  the  United  States  and  foreign 
ports  to  insert  in  any  bill  of  lading  or  shipping  document 
any  clause,  covenant,  or  agreement  whereby  it,  he,  or  they 
shall  be  relieved  from  liability  for  loss  or  damage  arising 
from  negligence,  fault,  or  failure  in  proper  loading,  stowage, 
custody,  care,  or  proper  delivery  of  any  and  all  lawful  mer- 
chandise or  property  committed  to  its  or  their  charge.  Any 
and  all  words  or  chiuses  of  such  import  inserted  in  bills  of 
lading  or  shipping  receipts  shall  be  null  and  void  and  of  no 
effect. 

Sec. 2.  It  shall  not  be  lawful  for  any  vessel  transporting  mer- 

chandise or  property  from  or  between  ports  of  the  United 
States  of  America  and  foreign  ports,  her  owner,  master, 
agent  or  manager  to  insert  in  any  bill  of  lading  or  ship- 
ping document  any  covenant  or  agreement  whereby  the 
obligations  of  the  owner  or  owners  of  said  vessel  to  exer- 
cise due  diligence,  properly  equip,  man,  provision,  and 
outfit  said  vessel,  and  to  make  said  vessel  seaworthy  and 
capable  of  performing  her  intended  voyage,  or  whereby  the 
obligations  of  the  master,  ofiflcers,  agents,  or  servants  to 
carefully  handle  and  stow  her  cargo  and  to  care  for  and 
properly  deliver  same,  shall  in  any  wise  be  lessened,  weak- 
ened, or  avoided. 

Sec.  3.  If  the  owner  of  any  vessel  transporting  merchandise  or 

property  to  or  from  any  port  in  the  United  States  of 
America  shall  exercise  due  diligence  to  make  the  said 
vessel  in  all  respects  seaworthy  and  properly  manned, 
equipped,  and  supplied,  neither  the  vessel,  or  owners, 
agent,  or  charterers  shall  become  or  be  held  responsible 
for  damage  or  loss  resulting  from  faults  or  errors  in  navi- 
gation or  in  the  management  of  said  vessel,  nor  shall  the 
vessel,  her  owner  or  owners,  charterers,  agent,  or  master, 
be  held  liable  for  losses  arising  from  dangers  of  the  sea  or 
other  navigable  waters,  acts  of  God,  or  public  enemies,  or 
the  inherent  defect,  quality,  or  vice  of  the  thing  carried, 
or  from  insufficiency  of  package,  or  seizure  under  legal 


PART  YII. — LIABILITY  OF  OWNERS,  MASTERS,  AND  SHIPPERS.       103 

process,  or  for  loss  resulting  from  any  act  or  omission  of 
the  shipi)er  or  owner  of  the  goods,  his  agent  or  representa- 
tive, or  from  saving  or  attempting  to  save  life  or  property 
at  sea,  or  from  any  deviation  in  rendering  such  service. 

It  shall  be  the  duty  of  the  owner  or  owners,  masters,  or  f^";'  *• 
agent  of  any  vessel  transporting  merchandise  or  property 
from  or  between  ports  of  the  United  States  and  foreign 
ports  to  issue  to  shippers  of  any  lawful  merchandise  a  bill 
of  lading,  or  shipping  document,  stating,  among  other 
things,  the  marks  necessary  for  identification,  number  of 
packages,  or  (juantity,  stating  whether  it  be  carrier's  oi- 
shipper's  weight,  and  apparent  order  or  condition  of  such 
merchandise  or  property  didivered  to  and  received  by  the 
owner,  master,  or  agent  of  the  vessel  for  transportation, 
and  such  document  shall  be  prima  facie  evidence  of  the 
receipt  of  the  merchandise  therein  described. 

For  a  violation  of  any  of  the  provisions  of  this  act  the  Sec.5. 
agent,  owner,  or  master  of  the  vessel  guilty  of  such  viola- 
tion, and  who  refuses  to  issue  on  demand  the  bill  of  lading 
herein  provided  for,  shall  be  liable  to  a  fine  not  exceeding 
two  thousand  dollars.  The  amount  of  the  fine  and  costs 
for  such  violation  shall  be  a  lien  upon  the  vessel,  whose 
agent,  owner,  or  master  is  guilty  of  such  violation,  and 
such  vessel  may  be  libeled  therefor  in  any  district  court  of 
the  United  States,  within  whose  jurisdiction  the  vessel  may 
be  found.  One-half  of  such  penalty  shall  go  to  the  jDarty 
injured  by  such  violation  and  the  remainder  to  the  Govern- 
ment of  the  United  States. 

This  act  shall  not  be  held  to  modify  or  repeal  sections  "^"^  ^• 
forty-two  hundred  and  eighty-one,  forty-two  hundred  and 
eighty-two,  and  forty-two  hundred  and  eighty-three  of  the 
Eevised  Statutes  of  the  United  States,  or  any  other  statute 
defining  the  liability  of  vessels,  their  owners,  or  represent- 
atives. 

Sections  one  and  four  of  this  act  shall  not  apply  to  the    s»«'- 
transportation  of  live  animals. 

124.  General  libel  bond. 

When  a  warrant  of  arrest  or  other  process  in  rem  is  R.s.,941. 
issued  in  any  cause  of  admiralty  jurisdiction,  except  in  Mar.3,1899. 
cases  of  seizures  for  forfeiture  under  any  law  of  the  United 
States,  the  marshal  shall  stay  the  execution  of  such  process, 
or  discharge  the  property  arrested  if  the  process  has  been 
levied,  on  receiving  from  the  claimant  of  the  property  a 
bond  or  stipulation  in  double  the  amount  claimed  by  the 
libelant,  with  sufficient  surety,  to  be  approved  by  the  judge 
of  the  court  where  the  cause  is  pending,  or,  in  his  absence, 
by  the  collector  of  the  port,  conditioned  to  answer  the 
decree  of  the  court  in  su(;h  cause.  Such  bond  or  stipula- 
tion shall  be  returned  to  the  court,  and  judgment  thereon, 
against  both  the  principal  and  sureties,  may  be  recovered 
at  the  time  of  rendering  the  decree  in  the  original  cause. 
And  the  owner  of  any  vessel  may  cause  to  be  executed 
and  delivered  to  tlie  marshal  a  bond  or  stipulation,  with 


104      PART  VII. — LIABILITY  OF  OWNERS,  MASTERS,  AND  SHIPPERS. 

sufficient  surety,  to  be  approved  by  the  judge  of  the  court 
iu  wliicli  lie  is  marshal,  conditioned  to  answer  the  decree 
of  said  court  iu  all  or  any  cases  tbat  shall  thereafter  be 
brought  in  said  court  against  the  said  vessel,  and  there- 
upon the  execution  of  all  such  process  against  said  vessel 
shall  be  stayed  so  long  as  the  amount  secured  by  sucli  bond 
or  stipulation  shall  be  at  least  double  the  aggregate  amount 
claimed  by  the  libelants  in  such  suits  which  shall  be  begun 
and  pending  against  said  vessel;  and  like  judgments  and 
remedies  may  be  had  on  said  bond  or  stii)ulation  as  if  a 
special  bond  or  stipulation  had  been  filed  in  each  of  said 
suits.  The  court  may  make  such  orders  as  may  be  neces- 
sary to  carry  this  section  into  effect,  and  especially  for  the 
giving  of  proper  notice  of  any  such  suit.  Such  bond  or 
stipulation  shall  be  indorsed  by  the  clerk  with  a  minute  of 
the  suits  whereiu  process  is  so  stayed,  and  further  security 
may  at  any  time  be  required  by  the  court.  If  a  special 
bond  or  stipulatiou  in  the  particular  cause  shall  be  given 
under  this  section,  the  liability  as  to  said  cause  on  the 
general  bond  or  stipulation  shall  cease. 


Part  VIIL— INSPECTION  OF  STP]AM  VESSELS. 


125.  General  provisions. 

126.  Inspection    of    rei>i8torod    foreign- 

built  vessels. 

127.  Manning  ofsteaui  passenger  vessels. 

128.  Inspection  of  bulls  and  etiuipment. 

129.  Inspection  of  boilers. 

130.  Loading  safety-valve. 

131.  Water-tight  bulkbeads. 

132.  Life  boats,  lines,  and  preservers. 

133.  Stairways  and  deck  room. 

125.  General  provisions. 


134.  Wire  tiller  roi)C8. 

135.  Protection  against  iiic. 

136.  lullainniable  or  explosive  cargo. 

137.  Carriage  of  passengers. 

138.  Certiticate  of  inspection. 

139.  Exhibit  of  laws. 

140.  Inspectors    and    officers   of    steam 

vessels. 

141.  Liability  for  damage. 

142.  Enforcement  and  penalty. 


R.  S.,  4399. 
Jan.  IK,  1897 


K.  S.,4400. 


i^Iar.  1,1895. 


Every  vessel  propelled  in  whole  or  in  part  by  steam  shall 
be  deemed  a  steam- vessel  within  the  meaning  of  this  Title 
|R.  S.,  4399-4500]. 

All  steam-vessels  navigating-  any  waters  of  the  United 
States  which  are  common  highways  of  commerce,  or  open  to 
general  or  competitive  navigatiou,  excepting  public  vessels 
of  the  United  States,  vessels  of  other  countries,  and  boats 
propelled  in  whole  or  in  part  by  steam  for  navigating 
canals,  shall  be  subject  to  the  provisions  of  this  Title 
[R.  S.,  4399-4500]. 

And  all  foreign  private  steam-vessels  carrying  passengers  -^"g  '^'  i882. 
from  any  port  of  the  United  States  to  any  other  place  or 
country  shall  be  subject  to  the  provisions  of  section  forty- 
four  hundred  and  seventeen,  forty-four  hundred  and  eight- 
een, forty-four  hundred  and  twenty  one,  forty-four  hundred 
and  twenty-two,  forty-four  hundred  and  twenty- three, 
forty- four  hundred  and  twenty -four,  forty- four  hundred  and 
seventy,  forty-four  hundred  and  seventy-one,  forty-four 
hundred  and  seventy-two,  forty-four  hundred  and  seventy- 
three,  forty-four  hundred  and  seventy-nine,  forty-four  hun- 
dred and  eighty-two,  forty-four  hundred  and  eighty-eight, 
forty-four  hundred  and  eighty-nine,  forty-four  hundred  and 
ninety-six,  forty-four  hundred  and  ninety-seven,  forty  four 
hundred  and  ninety-nine,  and  forty- live  hundred  of  this 
title,  and  shall  be  liable  to  visitation  and  inspection  by  the 
proper  officer,  in  any  of  the  ports  of  the  United  States, 
respecting  any  of  the  provisions  of  the  sections  aforesaid. 

No  license,  register,  or  enrollment  shall  be  granted,  nor 
any  other  papers  be  issued  by  any  collector  or  other  chief 
officer  of  the  customs  to  any  vessel  propelled  in  wiiole  or 
in  part  by  steam,  until  he  shall  have  satisfactory  evidence 
that  all  the  provisions  of  this  Title  |R.  S.,  4399-4500]  have 
been  fully  complied  with. 

105 


U.S.,  4498. 


106  PART    Vlir. INSPECTION    OF    STEAM    VESSELS. 

K.s.,442c.  The   hull   iiiul   boilers   of  every   ferry-boat,   canal-boat, 

yacht,  or  other  small  craft  of  like  character,  i)ropelled  by 
steam,  shall  be  inspected  under  the  provisions  of  this  Title 
[R.  S.,  4399-4500].  Such  other  provisions  of  law  for  the 
better  security  of  life,  as  maybe  applicable  to  such  vessels, 
shall,  by  the  regulations  of  the  board  of  sapervising-  inspect- 
ors, also  be  required  to  be  complied  with,  before  a  certifi- 
cate of  inspection  shall  be  granted;  and  no  such  vessels 
shall   be  navigated   without   a  licensed   engineer  and  a 

Dec. 22, 1800.  Hceuscd  pilot.  In  open  steam-launches  of  ten  tons  burden 
and  under,  one  person,  if  duly  qualified,  may  serve  in  the 

,Tune2o,i89o.  f^Q^jjj]^  capacity  of  pi lot  and  engineer.  Irondequoit  Bay, 
New  York,  shall,  for  the  purpose  of  applying  the  provisions 
of  title  fifty-two  of  the  Revised  Statutes  [R.  S.,  4399-4500], 
relating  to  steam-vessels  navigating  thereon,  be  declared  a 
navigable  water  of  the  United  States;  and  steam-vessels 
navigated  thereon,  and  carrying  passengers,  shall  be 
inspected  under  the  provisions  of  section  forty-four  hun- 
dred and  twenty-six  of  the  title  [R.  S.,  4399-4500J  referred 
to,  and  subject  to  the  penalties  provided  therein  for  a  fail- 
ure to  comply  therewith. 

Jan.  18, 1897.  All  vcssels  of  above  fifteen  tons  burden,  carrying  freight 
or  passengers  for  hire,  propelled  by  gas,  lluid,  naphtha,  or 
electric  motors,  shall  be,  and  are  hereby,  made  subject  to 
all  the  provisions  of  section  forty-four  hundred  and  twenty- 
six  of  the  Revised  Statutes  of  the  United  States,  relating  to 
the  inspection  of  hulls  and  boilers  and  requiring  engineers 
and  pilots;  and  all  vessels  so  propelled,  without  regard  to 
June?,  1897.  tonnagc  [or  use,]  shall  be  subject  to  the  provisions  [of  section 
Sec.  5.  forty-four  hundred  and  twelve  of  the  Revised  Statutes  of 

the  United  States,  relating  to  the  regulation  of  steam  ves- 
sels in  passing  each  other ;  and  to  so  much  of  sections  forty- 
two  hundred  and  thirty-three  and  forty-two  hundred  and 
thirty-four  of  the  Revised  Statutes,  relating  to  lights,  fog 
signals,  steering,  and  sailing  rules,  as  the  Board  of  Super- 
vising Inspectors  shall,  by  their  regulations,  deem  appli- 
cable and  j)racticable  for  their  safe  navigation.] 

R.s.,4427.  The  hull  and  boiler  of  every  tug-boat,  towiug-boat,  and 

freight-boat  shall  be  inspected,  under  the  provisions  of  this 
Title  [R.  S.,  4399-4500] ;  and  the  inspectors  shall  see  that 
the  boilers,  machinery,  and  appurtenances  of  such  vessel 
are  not  dangerous  in  form  or  workmanship,  and  that  the 
safety-valves,  gauge-cocks,  low-water  alarm-indicators, 
steam-gauges,  and  fusible  plugs  are  all  attached  in  con- 
formity to  law;  and  the  officers  navigating  such  vessels 
shall  be  licensed  in  conformity  with  the  provisions  of  this 
Title,  and  shall  be  subject  to  the  same  provisions  of  law  as 
officers  navigating  passenger- steamers. 

R.  s.,  4452.  Whenever  any  board  of  local  insj)ectors  refuses  to  grant  a 

license  to  any  person  applying  for  the  same,  or  suspends  or 
revokes  the  license  of  any  master,  mate,  engineer,  or  pilot, 
any  person  deeming  himself  wronged  by  such  refusal,  sus- 
pension, or  revocation,  may,  within  thirty  days  thereof,  on 
application  to  the  supervising  inspector  of  the  district,  have 


I'AKT    VIII. INSPErTION    OF    STEAM    VESSELS.  1  U7 

his  case  examined  anew  by  sucli  supervising"  inspector;  and 
the  local  board  shall  fiunisli  to  the  supervising'  inai)ect()r, 
in  writing,  the  reasons  for  its  doings  in  the  premises;  and 
such  supervising  inspector  shall  examine  the  case  anew, 
and  he  shall  have  tlie  same  powers  to  summon  witnesses 
and  compel  their  attendance,  and  to  administer  oaths, 
that  are  conferred  on  local  inspectors;  and  such  witnesses 
and  the  marshal  shall  be  paid  in  the  same  manner  as  pro- 
vided for  by  the  preceding  section;  and  such  supervising 
insi)ector  may  revoke,  change,  or  modify  the  decision  of 
such  local  board;  and  like  proceedings  may  be  had  by  any 
master  or  owner  of  any  steam-vessel  in  relation  to  the  inspec- 
tion of  such  vessel,  or  her  boilers  or  machinery,  by  any  such 
local  board ;  and  in  case  of  repairs,  and  in  any  investigation 
or  inspection,  where  there  shall  be  a  disagreement  between 
the  local  inspectors,  the  sui)ervising'  inspector,  when  so 
requested,  shall  investigate  and  decide  the  case. 

In  addition  to  the  annual  inspection,  the  local  inspectors  i;  s.,  4453. 
shall  examine,  at  proper  times,  steamers  arriving-  and 
departing  to  and  from  their  respective  ports,  so  often  as  to 
enable  them  to  detect  any  neglect  to  comply  with  the 
requirements  of  law,  and  also  any  defects  or  imperfections 
becoming  api)arent  after  the  inspection  aforesaid,  and  tend- 
ing to  render  the  navigation  of  the  vessels  unsafe;  and  if 
they  shall  discover  any  omission  to  comply  with  the  law, 
or  tliat  repairs  have  become  necessary  to  make  the  vessel 
safe,  the  inspectors  shall  at  once  notify  the  master,  in  writ- 
ing, stating  in  the  notice  what  is  required;  and  if  the  mas- 
ter deems  the  requirements  unreasonable  or  unnecessary, 
he  may  apply  for  a  re-examination  of  the  case  to  the  super- 
vising inspector,  as  provided  in  the  preceding  section.  All 
inspections  and  orders  for  repairs  sliall  be  promptly  made 
by  the  inspectors,  and,  when  it  can  be  safely  done  in  their 
judgment,  they  shall  permit  repairs  to  be  made  where  those 
interested  can  most  conveniently  do  them. 

If  any  master  or  owner  of  any  steamer  shall  refuse  or  '-  ^  4454. 
neglect  to  comply  with  the  requirements  of  the  local 
inspectors,  made  in  pursuance  of  the  preceding  section, 
and  shall,  contrary  thereto  and  while  the  same  remains 
unreversed  by  the  supervising  inspector,  employ  the  vessel 
by  navigating  her,  the  master  and  owner  shall  be  liable  to 
a  penalty  of  five  hundred  dollars  for  each  offense,  one-lialf 
for  the  use  of  the  informer;  for  which  sum  tlie  vessel  itself 
shall  be  liable,  and  mayl)e  seized  and  ])roceeded  against 
by  libel  in  any  district  court  having  jurisdiction;  and  the 
master  and  owner,  and  the  vessel  itself,  shall,  in  addition 
thereto,  be  liable  for  any  damage  to  i)assengers  and  their 
baggage  which  shall  occur  from  any  defects  as  stated  in 
the  notice  prescribed  in  the  preceding  section. 

No  kind  of  instrument,  machine,  or  eciuipment,  for  tlie    i;s.,j4'.a. 
better  security  of  life,  provided  for  by  this  Title  [K.  S., 
4399-4500  J  shall  be  used  on  any  steam -vessel  which  shall 
not  first  be  approved  by  the  board  of  super\'ising  inspect- 
ors, and  also  by  the  Secretary  of  the  Treasury. 


108  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

126.  Inspection  of  registered  foreign-built  vessels. 

Mar.  3, 1897.         TliG  Secretary  of  the  Treasury  be,  and  lie  is  hereby,  autlior- 
sec.u.  i2e(l  to  direct  the  inspection  of  any  foreign  vessel,  admitted 

to  American  registry,  its  steam  boilers,  steam  pipes,  and 
appurtenances,  and  to  direct  the  issue  of  the  usual  certiticate 
of  inspection,  whether  said  boilers,  steam  pipes,  and  appur- 
tenances are  or  are  not  constructed  i)ursuant  to  the  laws  of 
the  United  States,  or  whether  they  are  or  are  not  constructed 
of  iron  stamped  pursuant  to  said  laws.  The  tests  in  the 
inspection  of  such  boilers,  steam  pipes,  and  appurtenances 
shall  be  the  same  in  all  respects  as  to  strength  and  safety  as 
are  required  in  the  inspection  of  boilers  constructed  in  the 
United  States  for  marine  purposes. 

127.  Manning  of  steam  passenger  vessels. 

K.s.,4463.  ISTo  steamer  carrying  passengers  shall  depart  from  any 

port  unless  she  shall  have  in  her  service  a  full  complement 
of  licensed  officers  and  full  crew,  sufficient  at  all  times  to 
manage  the  vessel,  including  the  proper  number  of  watch- 
men. But  if  any  such  vessel,  on  her  voyage,  is  deprived  of 
the  services  of  any  licensed  officer,  without  the  consent, 
fault,  or  collusion  of  the  master,  owner,  or  any  person 
interested  in  the  vessel,  the  deficiency  may  be  temporarily 
supplied,  until  others  licensed  can  be  obtained. 

128.  Inspection  of  hulls  and  equipment. 

[See  Seaworthiness,  paragraph  113.] 

129.  Inspection  of  boilers. 

K.s.,4418,  The  local  inspectors  shall  also  inspect  the  boilers  of  all 

steam- vessels  before  the  same  shall  be  used,  and  once  at 
least  in  every  year  thereafter.  They  shall  subject  all 
boilers  to  the  hydrostatic  pressure;  and  shall  satisfy  them- 
selves by  thorough  examination  that  the  boilers  are  well 
made,  of  good  and  suitable  material;  that  the  openings 
for  the  passage  of  water  and  steam,  respectively,  and  all 
pipes  and  tubes  exposed  to  heat,  are  of  proper  dimensions 
and  free  from  obstruction;  that  the  spaces  between  and 
around  the  fines  are  sufficient;  that  the  flues  are  circular 
in  form;  that  the  fire  line  of  the  furnace  is  at  least  two 
inches  below  the  prescribed  minimum  water-line  of  the 
boilers;  that  the  arrangement  for  delivering  the  feed- water 
is  such  that  the  boilers  cannot  be  injured  thereby;  and  that 
such  boilers  and  machinery,  and  the  appurtenances,  may 
be  safely  employed  in  the  service  proposed  in  the  written 
application,  without  peril  to  life.  They  shall  also  satisfy 
themselves  that  the  safety-valves  are  of  suitable  dimen- 
sions, sufficient  in  number,  and  well  arranged;  and  that 
the  weights  of  the  safety-valves  are  properly  adjusted,  so 
as  to  allow  no  greater  pressure  in  the  boilers  than  the 
amount  prescribed  by  the  inspection  certificate;  that  there 
is  a  sufficient  number  of  gauge-cocks  properly  inserted, 
June  19, 1886.  aud  Suitable  steam  gauges  to  indicate  the  pressure  of 
Sec.  14.  steam ;  and  that  there  are  reliable  low-water  gauges ;  aud 

that  the  fusible  metals  are  properly  inserted  so  as  to  fuse 
by  the  heat  of  the   furnace,  whenever  the  water  in  the 


PART    VIII. INSPECTION    OF    STEAM    VESSELS.  109 

boilers  falls  below  its  prescribed  limits;  and  that  adequate 
and  certain  provision  is  made  for  an  ample  sui)ply  of  water 
to  feed  the  boilers  at  all  times,  whether  such  vessel  is  in 
motion  or  not,  so  that  in  hi<>li-pressure  boilers  the  water 
shall  not  be  less  than  four  inches  above  the  top  of  the  Hues; 
and  that  means  for  blowing-  out  are  provided,  so  as  to 
thoroughly  remove  the  mud  and  sediment  from  all  parts 
of  the  boilers,  when  they  are  under  pressure  of  steam.  In 
subjecting-  to  the  hydrostatic  test  boilers  usually  desig- 
nated and  known  as  high-pressure  boilers,  the  inspectors 
shall  assume  one  hundred  and  ten  pounds  to  the  square 
inch,  as  the  maximum  pressure  allowable  as  a  working- 
l)ower  for  a  new  boiler  of  forty-two  inches  in  diameter, 
made  in  the  best  manner,  of  inspected  iron  plates,  one- 
fourth  of  an  inch  thick,  and  of  a  quality  required  by  law, 
and  shall  rate  the  working-power  of  all  high-pressure 
boilers,  whether  old  or  new,  according  to  their  strength, 
compared  with  this  standard;  and  in  all  cases  the  test 
applied  shall  exceed  the  working-power  allowed,  in  the 
ratio  of  one  hundred  and  sixty-five  to  one  hundred  and  ten. 
In  subjecting  to  the  hydrostatic  tests  boilers  usually  des- 
ignated and  known  as  low-pressure  boilers,  the  inspectors 
shall  allow  as  a  working-power  for  each  new  boiler  a  i^res- 
sure  of  only  three-fourths  the  number  of  pounds  to  the 
square  inch  to  which  it  has  been  subjected  by  the  hydro- 
static test,  and  for  which  it  has  been  found  to  be  sufficient. 
Should  the  inspectors  be  of  the  opinion  that  any  boiler,  by 
reason  of  its  construction  or  material,  will  not  safely  allow 
so  high  a  working  pressure  as  is  above  described,  they 
may,  for  reasons  to  be  stated  specially  in  their  certificate, 
fix  the  working  pressure  of  such  boiler  at  less  than  three- 
fourths  of  the  test-pressure.  All  boilers  used  on  steam- 
vessels  and  constructed  of  iron  or  steel  plates,  inspected 
under  the  provisions  of  section  forty-four  hundred  and 
thirty,  shall  be  subjected  to  a  hydrostatic  test,  in  the  ratio  of 
one  hundred  and  fifty  pounds  to  the  square  inch  to  one 
hundred  pounds  to  the  square  inch  of  the  working  steam- 
power  allowed.  ISTo  boiler  or  pipe,  nor  any  of  the  (connec- 
tions therewith,  shall  be  approved,  which  is  made,  in  whole 
or  in  part,  of  bad  material,  or  is  unsafe  in  its  form,  or 
dangerous  from  defective  workmanship,  age,  use,  or  other 
cause. 

In  applying  the  directions  of  the  preceding  section  [4418]  jj.  s.,4420. 
to  steamboats  used  exclusively  for  towing  and  carrying 
freight  on  the  Mississippi  River  and  its  tributaries,  the 
local  inspectors  shall  substitute,  for  such  boats,  one  hun- 
dred and  fifty  pounds  of  steam  pressure  in  place  of  one 
hundred  and  ten  pounds  for  the  standard  pressure  upon 
standard  boilers  of  forty-two  inches  diameter,  and  of  plates 
of  one-quarter  of  an  inch  in  thickness;  and  such  boats  may, 
on  the  written  permit  of  the  sa])ervising  inspector  of  the 
district  in  which  such  boats  shall  carry  on  their  business, 
be  permitted  to  carry  steam  above  the  standard  pressure 
of  one  hundred  and  ten  pounds,  but  not  exceeding  the 
standard  pressure  of  one  hundred  and  fifty  pounds,  to  the 
square  inch. 


110  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

E.  s.,  4419.  Que  of  the  safety-valves  may,  if  in  the  opinion  of  the  local 

inspectors  it  is  necessary  to  do  so,  and  the  steam-registers 
shall,  be  taken  wholly  from  the  control  of  all  persons 
engaged  in  navigating  such  vessels  and  secured  by  the 
inspectors. 

K.s.,4428.  Every  boiler  manufactured  to  be  used  on  steam- vessels, 

and  made  of  iron  or  steel  plates  shall  be  constructed  of 
plates  that  have  been  stamped  in  accordance  with  the 
provisions  of  this  Title  [R.  S.,  4399-4500]. 

K.  s.,  4429.  Every  person  who  constructs  a  boiler,  or  steam-pipe  con- 

necting the  boilers,  to  be  used  on  steam- vessels,  of  iron  or 
steel  plates  which  have  not  been  duly  stamped  and  iuspected 
according  to  the  provisions  of  this  Title  |R.  S.,  4399-4500], 
or  who  knowingly  uses  any  defective,  bad,  or  faulty  iron  or 
steel  in  the  construction  of  such  boilers;  or  who  drifts  any 
rivet-hole  to  make  it  come  fair;  or  who  delivers  auy  such 
boiler  for  use,  knowing  it  to  be  imperfect  in  its  Hues,  flang- 
ing, riveting,  bracing,  or  in  any  other  of  its  parts,  shall  be 
fined  one  thousand  dollars,  one-half  for  the  use  of  the 
informer.  Nothiug  in  this  Title  shall  be  so  construed  as  to 
prevent  from  beiug  used,  on  auy  steamer,  any  boiler  or 
steam-generator  which  may  not  be  constructed  of  riveted 
iron  or  steel  plates,  when  the  board  of  supervising  inspect- 
ors have  satisfactory  evidence  that  such  boiler  or  steam- 
generator  is  ecjual  in  strength,  and  as  safe  from  explosion, 
as  a  boiler  of  the  best  quality  constructed  of  riveted  iron  or 

Aug. 7, 1882.  steel  plates:  l^rovided,  however.  That  the  Secretary  of  the 
Treasury  may  grant  permission  to  use  any  boiler  or  steam- 
generator  not  constructed  of  riveted  iron  or  steel  plates 
upon  the  certificate  of  the  supervising  iu specter  of  steam- 
boats for  the  district  wherein  such  boiler  or  generator  is  to 
be  used,  and  other  satisfactory  proof  that  the  use  of  the 
same  is  safe  and  efficient;  said  permit  to  be  valid  until  the 
next  regular  meeting  of  the  supervising  inspectors  who 
shall  act  thereon. 

K.s.,4430.  Every  iron  or  steel  plate  used  in  the  construction  of 

steamboat-boilers,  and  which  shall  be  subject  to  a  tensile 
strain,  shall  be  inspected  in  such  manner  as  shall  be  pre- 
scribed by  the  board  of  supervising  inspectors  and  approved 
by  the  Secretary  of  the  Treasury,  so  as  to  enable  the 
inspectors  to  ascertain  its  tensile  strength,  homogeneous- 
ness,  toughness,  and  ability  to  withstand  the  eilect  of 
repeated  heating  and  cooling;  and  no  iron  or  steel  plate 
shall  be  used  in  the  construction  of  such  boilers  which  has 
not  been  inspected  and  approved  under  those  rules. 

jau. 22, 1895.  Aud  thc  Supcrvisiug  Inspector-General  may,  under  the 
direction  of  the  Secretary  of  the  Treasury,  detail  assistant 
inspectors  from  any  local  inspection  district  where  assist- 
ant inspectors  are  employed,  to  inspect  iron  or  steel  boiler 
plates  at  the  mills  where  the  same  are  manufactured;  and 
if  the  plates  are  found  in  accordance  with  the  rules  of  the 
supervising  inspectors,  the  assistant  inspector  shall  stamp 
the  same  Avith  the  initials  of  his  name,  followed  by  the 
letters  and  words,  'U.  S.  Assistant  Inspector;'  and  mate- 


PART   VIII. INSPECTION    OF    STEAM   VESSELS.  Ill 

rial  so  stamped  shall  be  accepted  by  the  local  inspectors 
in  the  districts  Avhere  such  material  is  to  be  manufactured 
into  marine  boilers  as  being  in  full  compliance  with  the 
requirements  of  this  section  regarding  the  inspection  of 
boiler  plates;  it  being  further  provided  that  any  person 
who  aftixes  any  false,  forged,  fraudulent,  spurious,  or  coun- 
terfeit of  the  stamp  herein  authorized  to  be  put  on  by  an 
assistant  inspector,  shall  be  deemed  guilty  of  a  felony,  and 
shall  be  lined  not  less  than  one  thousand  dollars,  nor  more 
than  live  thousand  dollars,  and  imprisoned  not  less  than 
two  years  nor  more  than  live  years. 

Every  plate  of  boiler-iron  or  steel,  made  for  use  in  the  K.s.,4431. 
construction  of  steamboat-boilers,  shall  be  distinctly  and 
permanently  stamped  by  the  manufacturer  thereof,  and,  if 
practicable,  in  such  places  that  the  marks  shall  be  left  vis- 
ible when  such  plates  are  worked  into  boilers,  with  tlie 
name  of  the  manufacturer,  the  place  where  manufactured, 
and  the  number  of  pounds  tensile  strain  it  will  bear  to  the 
sectional  square  inch;  and  the  inspectors  shall  keep  a  rec- 
ord in  their  ofBce  of  the  stamps  upon  all  boiler-plates  and 
boilers  which  they  inspect. 

Every  person  who  counterfeits,  or  causes  to  be  counter-  li  s.,4432. 
felted,  any  of  the  marks  or  stamps  prescribed  for  boiler  iron 
or  steel  plates,  or  who  designedly  stamps,  or  causes  to  be 
stamped  falsely,  any  such  plates;  and  every  person  who 
stamps  or  marks,  or  causes  to  be  stamped  or  marked,  any 
such  iron  or  steel  plates  with  the  name  or  trade  mark  of 
another,  with  the  intent  to  mislead  or  deceive,  shall  be  fined 
two  thousand  dollars,  one-half  to  the  use  of  the  informer, 
and  may,  in  addition  thereto,  at  the  discretion  of  the  court, 
be  imprisoned  not  exceeding  two  years. 

The  working  steam-pressure  allowable  on  boilers  con-  ^  s.,4433. 
structed  of  plates  inspected  as  required  by  this  Title  [R.  S., 
4399-4500],  when  single-riveted,  shall  not  produce  a  strain 
to  exceed  one-sixth  of  the  tensile  strength  of  the  iron  or 
steel  plates  of  which  such  boilers  are  constructed;  but 
where  the  longitudinal  laps  of  the  cylindrical  parts  of  such 
boilers  are  double-riveted,  and  the  rivet-holes  for  such  boil- 
ers have  been  fairly  drilled  instead  of  punched,  an  addition 
of  twenty  per  centum  to  the  working  pressure  provided  for 
single-riveting  maybe  allowed:  Pronided,  That  all  other 
parts  of  such  boilers  shall  correspond  in  strength  to  the 
additional  allowances  so  made;  and  no  split-calking  shall 
in  any  case  be  permitted. 

No  externally  fired  boiler  having  its  shell  con«itructed  of  i^^  -i^^^ 
iron  or  steel  plates  exceeding  an  average  thickness  of  thirty  ^''''  '•  ^'^^^ 
one-lmndredths  of  an  inch  shall  be  employed  on  any  steam 
vessel  navigating  the  Ked  River  of  the  North  or  rivers  flow- 
ing into  the  Gulf  of  Mexico  or  their  tributaries;  and  no 
externally  fired  boiler  eniployed  on  any  such  steam  vessel 
shall  have  less  than  threa  inches  space  between  its  shell 
and  any  of  its  internal  flues,  and  not  less  than  three  inches 
space  between  such  fliu's  wlicn  any  su(;h  Hues  are  more 
than  five  inches  in  diameter;  and  every  such  externally    Feb. 28, 18U5. 


112  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

fired  boiler  employed  on  any  such  steam  vessel  shall  be 
provided  with  a  manhole  in  the  lower  part  of  the  front 
head  thereof,  of  such  dimensions  as  may  be  prescribed  by 
the  board  of  supervising  inspectors,  in  all  cases  where  the 
distance  between  its  internal  flues  is  less  than  three  inches. 
Externally  fired  boilers  having  shells  constructed  of  iron 
or  steel  plates  not  exceeding-  an  average  thickness  of  fifty 
one-hundredths  of  an  inch  may,  in  the  discretion  of  the 
Secretary  of  the  Treasury,  be  authorized  and  employed  on 
steam  vessels  navigating  the  Atlantic  and  Pacific  oceans, 
or  salt-water  bays  or  sounds,  or  the  Great  Lakes,  or  any  of 
them,  and  waters  flowing  to  and  from  the  same,  or  any  of 
them:  Provided,  That  on  inspection  no  plate  that  is  by  this 
act  limited  to  a  thickness  of  thirty  one  hundredths  of  an 
inch  and  no  plate  tliat  is  by  tbis  Act  limited  to  a  thickness 
of  fifty  one-hundredths  of  an  inch  shall  be  rejected  for  use 
if  found  to  exceed  those  dimensions,  respectively,  if  the 
average  thickness  thereof  does  not  exceed  the  limits 
therein  specified,  and  the  amount  of  steam  jiressure  that 
will  be  i)ermitted  to  be  carried  in  boilers  constructed  in 
accordance  with  the  requirements  of  this  act  shall  be  de- 
termined from  measurements  showing  the  least  thickness 
of  the  plates. 

R.s.,4435.  The  feed- water  shall  be  delivered  into  the  boilers  in  such 

manner  as  to  jjrevent  it  from  contracting  the  metal,  or 
otherwise  injuring  the  boilers.  And  when  boilers  are  so 
arranged  on  a  vessel  that  there  is  employed  a  water-con- 
necting pipe  through  which  the  water  may  pass  from  one 
boiler  to  another,  there  shall  also  be  provided  a  similar 
steam  connection,  having  an  area  of  opening  into  each 
boiler  of  at  least  one  square  incli  for  every  two  square  feet 
of  effective  heating-surface  contained  in  any  one  of  the 
boilers  so  connected,  lialf  the  flue  and  all  other  fire-surfaces 
being  computed  as  effective.  Adequate  i^rovision  shall  be 
made  on  all  steam-vessels  to  prevent  sparks  or  flames  from 
being  driven  back  from  the  fire-doors  into  the  vessel. 

R.s.,4436.  Every  boiler  shall  be  provided  with  a  good,  well-con- 

structed safety  valve  or  valves,  of  such  number,  dimensions, 
and  arrangements  as  shall  be  prescribed  by  the  board  of 
supervising  inspectors,  and  shall  also  be  provided  with  a 
sufficient  number  of  gauge-cocks  and  a  reliable  low- water 
indicator  that  will  give  alarm  when  the  water  falls  below 
its  prescribed  limits ;  and  in  addition  thereto  there  shall 
be  inserted,  in  a  suitable  manner,  in  the  flues,  crown  sheet, 
or  other  parts  of  the  boiler  most  exposed  to  the  heat  of  the 
furnace  when  the  water  falls  below  its  prescribed  limits,  a 
plug  of  good  Banca  tin. 

130.  Loading  safety-valve. 

U.S., 4437.  Every  person  who  intentionally  loads  or  obstructs,  or 

causes  to  be  loaded  or  obstructed,  in  any  way  or  manner, 
the  safety-valve  of  a  boiler,  or  who  employs  any  other 
means  or  device  whereby  the  boiler  may  be  subjected  to  a 
greater  pressure  than  the  amount  allowed  by  the  certificate 
of  the  inspectors,  or  who  intentionally  deranges  or  hinders 


PART    VIII. INSPECTION    OF    STEAif    VESSELS.  113 

the  operation  of  any  machinery  or  device  employed  to  de- 
note the  state  of  the  water  or  steam  in  any  boiler,  or  to 
give  warning*  of  approaching  danger,  or  who  intentionally 
permits  the  water  to  fall  below  the  i)rescribed  low-water 
line  of  the  boiler,  and  every  person  concerned  therein,  di- 
rectly or  indirectly,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  fined  two  hundred  dollars,  and  may  also  be  impris- 
oned not  exceeding  five  years. 

131.  Waier-tight  bulkheads. 

Every  sea-going  steamer,  and  every  steamer  navigating  us.,  4490. 
the  great  northern  or  northwestern  lakes,  carrying  ])asseu- 
gers,  the  building  of  which  shall  be  completed  after  the 
twenty-eighth  day  of  August,  eighteen  hundred  and  sev- 
enty-one, shall  have  not  less  than  three  water-tight  cross- 
bulk-heads,  such  bulk-heads  to  reach  to  the  main-deck  in 
single-decked  vessels,  otherwise  to  the  deck  next  below  the 
main-deck;  to  be  made  of  iron  plates,  sustained  upon  suit- 
able frame- work;  and  to  be  properly  secured  to  the  hull 
of  the  vessel.  The  position  of  such  bulk-heads  and  the 
strength  of  material  of  which  the  same  shall  be  constructed 
shall  be  determined  by  the  general  rules  of  the  board  of 
supervising  inspectors. 

Steam- vessels  of  one  hundred  tons  burden  or  under,  en- 
gaged in  the  coastwise  bays  and  harbors  of  the  United 
States,  may  be  licensed  by  the  United  States  local  inspect- 
ors of  steam-vessels  to  carry  passengers  or  excursions  on 
the  ocean  or  upon  the  Great  Lakes  of  the  Korth  or  !N"orth- 
west,  not  exceeding  fifteen  miles  from  the  mouth  of  such 
bays  or  harbors,  without  being  required  to  have  the  three  '"lys.  i^'s''- 
water-tight  cross-bulkheads  provided  by  section  forty-four 
hundred  and  ninety  of  the  Eevised  Statutes  for  other  pas- 
senger steamers:  Provided^  That  in  the  judgment  of  the 
local  inspector  such  steamers  shall  be  safe  and  suitable  for 
such  navigation  without  danger  to  human  life,  and  that 
they  shall  have  one  water-tight  collision  bulkhead  not  less 
than  five  feet  abaft  the  stem  of  said  steamer. 

132.  Life  boats,  lines,  and  preservers. 

Every  steam- vessel  navigating  rivers  only,  except  ferry-  i-^-.-t^si. 
boats,  freight-boats,  canal-boats,  and  towing-boats,  of  less 
than  fifty  tons,  shall  have  at  least  one  good  substantial 
boat  with  lines  attached,  and  i^roperly  supplied  with  oars, 
and  kept  in  good  condition  at  all  times,  and  ready  for  im- 
mediate use;  and  in  addition  thereto,  every  such  vessel 
carrying  passengers  shall  have  one  or  more  metallic  life- 
boats, fireproof,  and  in  all  respects  good  and  substantial 
boats,  of  such  dimensions  and  arrangements  as  the  board 
of  supervising  inspectors  by  their  regulations  shall  pre- 
scribe, which  boats  shall  be  carried  in  the  most  convenient 
manner  to  be  brought  into  immediate  use  in  case  of  acci- 
dent. But  where  the  character  of  the  navigation  is  such 
that,  in  the  opinion  of  the  supervising  ins[)ector,  the  metal- 
lic life-boats  can  be  dispensed  with,  he  may  exempt  any 
NAV  99,  PT  2 8 


114  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

such  vessel  from  carrying  the  same;  or  may  require  a  sub- 
stitute therefor,  at  his  discretion. 

ii.s.,4482.  Every  such  steam-vessel  carrying  passengers  shall  also 

be  provided  with  a  good  life-preserver,  made  of  suitable 
material,  for  every  cabin  passenger  for  which  she  will  have 
accommodation,  and  also  a  good  life-preserver  or  float  for 
each  deck  or  other  class  passenger  which  the  inspector's 
certificate  shall  allow  her  to  carry,  including  the  officers 
and  crew;  which  life-preservers  or  floats  shall  be  kept  in 
convenient  and  accessible  places  on  such  vessel  in  readi- 
ness for  immediate  use  in  case  of  accident. 

R.s.,4488.  Every  steamer  navigating  the  ocean,  or  any  lake,  bay, 

Mar.  2, 1889.  qj.  souud  of  the  United  States,  shall  be  provided  with  such 
numbers  of  life-boats,  floats,  rafts,  life-preservers,  line- 
carrying  projectiles  and  the  means  of  propelling  them,  and 
drags,  as  will  best  secure  the  safety  of  all  persons  on  board 
such  vessel  in  case  of  disaster;  and  every  sea-going  vessel 
carrying  passengers,  and  every  such  vessel  navigating  any 
of  the  northern  or  northwestern  lakes,  shall  have  the  life- 
boats required  by  law,  provided  with  suitable  boat-disen- 
gaging apparatus,  so  arranged  as  to  allow  such  boats  to  be 
safely  launched  while  such  vessels  are  under  speed  or  other- 
wise, and  so  as  to  allow  such  disengaging-apparatus  to  be 
operated  by  one  person,  disengaging  both  ends  of  the  boat 
simultaneously  from  the  tackles  by  which  it  may  be  lowered 
to  the  water.  And  the  board  of  supervising  inspectors 
shall  fix  and  determine,  by  their  rules  and  regulations,  the 
kind  of  life-boats,  floats,  rafts,  life-preservers,  line-carrying 
projectiles  and  the  means  of  propelling  them,  and  drags 
that  shall  be  used  on  such  vessels,  and  also  the  kind  and 
capacity  of  pumps  or  other  appliances  for  freeing  the 
steamer  from  water  in  case  of  heavy  leakage,  the  capacity 
of  such  pumps  or  appliances  being  suited  to  the  navigation 
in  which  the  steamer  is  employed. 

Apr.  11, 1892.  The  provisions  of  an  act  *  *  *  approved  March 
second,  eighteen  hundred  and  eighty-nine,  *  *  *  are 
hereby  repealed  so  far  as  they  relate  to  the  carrying  of  line- 
carrying  projectiles  and  the  means  of  propelling  them  on 
steamers  plying  exclusively  upon  any  of  the  lakes,  bays,  or 
sounds  of  the  United  States. 

U.S., 4489.  The  owner  of  any  such  steamer  who  neglects  or  refuses 

Mar. 2, 1889.  to  providc  such  lifc-boats,  floats,  rafts,  life-preservers,  line- 
carrying  projectiles  and  the  means  of  propelling  them,  drags, 
pumps,  or  api)liances,  as  are,  under  the  provisions  of  the 
preceding  section,  required  by  the  board  of  supervising 
inspectors,  and  approved  by  the  Secretary  of  the  Treasury, 
shall  be  fined  one  thousand  dollars. 

133.  Stairways  and  deck  room. 

R.s.,4484.  Every  such   steam-vessel   carrying  passengers  on   the 

main-deck  shall  be  provided  with  permanent  stairways 
and  other  sutticient  means,  convenient  to  the  passengers, 
for  their  escape  to  the  upper  deck,  in  case  of  the  vessel 
sinking  or  of  other  accident  endangering  life;  and  in  the 


PART    VIII. INSPECTION    OF    STEAM    VESSELS.  115 

stowage  of  freight  upon  such  deck,  where  passengers  are 
carried,  gangways  or  passages,  sufficiently  hirge  to  allow 
persons  to  pass  freely  through  them,  shall  be  left  open 
both  fore  and  aft  of  the  vessel,  and  also  to  and  along  the 
guards  on  each  side. 

The  captain  or  mate  of  every  such  steam-vessel  carrying  r.s..4485. 
passengers  upon  the  main-deck  shall  assign  to  all  <leck- 
passengers,  when  taking  passage,  the  space  on  deck  they 
may  occupy  during  the  voyage,  and  such  space  shall  not 
thereafter  be  occupied  by  freight,  nor  overcrowded  by 
other  persons,  nor  shall  freight  be  stowed  about  the  boilers 
or  machinery,  in  such  a  manner  as  to  obstruct  or  prevent 
the  engineer  from  readily  attending  to  his  duties. 

For  every  violation  of  the  provisions  of  the  two  preced-    k.s.,4486. 
ing  sections  the  owners  of  the  vessel  shall  be  punished  by 
a  fine  of  three  hundred  dollars. 

134.  Wire  Tiller  ropes. 

Every  steamer  carrying  passengers  shall  be  provided  u.  s.,448o. 
with  wire  tiller  ropes,  or  iron  rods  or  chains,  for  the  pur- 
pose of  steering  and  navigating  the  vessel,  and  shall 
employ  wire  bell  j^ulls  for  signalizing  the  engineer  from  the 
pilot-house,  together  with  tubes  of  proper  size  so  arranged 
as  to  return  the  sound  of  the  engine-bells  to  the  i^ilot- 
honse,  or  other  arrangement  to  repeat  back  the  signal. 
But  on  any  such  vessel  navigated  by  the  mariners'  com- 
pass, so  much  of  such  wire  rope  or  chain  may  be  dispensed 
with  and  disused  as  shall  influence  or  disturb  the  working 
of  the  compass. 

135.  Protection  against  fire. 

Every  steamer  carrying  passengers  or  freight  shall  be  r.  S..4470. 
provided  with  suitable  pipes  and  valves  attached  to  the 
boiler,  to  convey  steam  into  the  hold  and  the  different  com- 
partments thereof,  to  extinguish  fire;  and  every  stove  used 
on  board  of  any  such  vessel  shall  be  well  and  securely  fas- 
tened, so  as  to  prevent  it  from  being  moved  or  overthrown, 
and  all  wood- work  or  other  ignitible  substances  about  the 
boilers,  chimneys,  cook  houses,  and  stove-pi j)es  exposed  to 
ignition,  shall  be  thoroughly  shielded  by  some  incombusti- 
ble material,  in  such  a  manner  as  to  leave  the  air  to  circu- 
late freely  between  such  material  and  wood-work  or  other 
ignitible  substance;  and  before  granting  a  certificate  of 
inspection,  the  inspector  shall  require  all  other  necessary 
provisions  to  be  made  throughout  such  vessel  to  guard 
against  loss  or  danger  from  tire. 

Every  steamer  permitted  by  her  certificate  of  inspection  i;.s.,447i. 
to  carry  as  many  as  fifty  passengers,  or  upward,  and  every 
steamer  carrying  passengers,  which  also  carries  cotton,  hay, 
or  hemp,  shall  be  provided  with  a  good  double  acting  steam 
fire-pump,  or  other  ecpiivalent  apparatus  lor  throwing  water. 
Such  pump  or  other  apparatus  for  throwing  water  shall  be 
kept  at  all  times  and  at  all  seasons  of  the  year  in  good  order 
and  ready  for  immediate  use,  having  at  least  two  pipes  of 


116  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

suitable  dimensions,  one  on  each  side  of  the  vessel,  to  con- 
vey the  water  to  the  upper  decks,  to  which  pipes  there  shall 
be  attached,  by  means  of  stop-cocks  or  valves,  both  between 
decks  and  on  the  upper  deck,  good  and  suitable  hose  of  suffi- 
cient strength  to  stand  a  pressure  of  not  less  than  one  hun- 
dred pounds  to  the  square  inch,  long  enough  to  reach  to  all 
parts  of  the  vessel  and  properly  provided  with  nozzles,  and 
kept  in  good  order  and  ready  for  immediate  service.  Every 
steamer  exceeding  two  hundred  tons  burden  and  carrying 
passengers  shall  be  provided  with  two  good  double-acting 
fire-pumps,  to  be  worked  by  hand;  each  chamber  of  such 
pumps,  except  pumps  upon  steamers  in  service  on  the 
twenty-eighth  day  of  February,  eighteen  hundred  and  sev- 
enty-one, shall  be  of  sufficient  capacity  to  contain  not  less 
than  one  hundred  cubic  inches  of  water;  and  such  j)umps 
(Shall  be  placed  in  the  most  suitable  parts  of  the  vessel  for 
efficient  service,  having  suitable  well-fitted  hose  to  each 
pump,  of  at  least  one-half  the  vessel  in  length,  kept  at  all 
times  in  perfect  order,  and  shipped  up  and  ready  for  imme- 
diate use.  On  every  steamer  not  exceeding  two  hundred 
tons,  one  of  such  pumps  may  be  dispensed  with.  Each  fire- 
pump  thus  described  shall  be  supplied  with  water  by  means 
of  a  suitable  pipe  connected  therewith,  and  passing  through 
the  side  of  the  vessel  so  low  as  to  be  at  all  times  under  water 
when  she  is  afloat ;  and  no  fire-pump  thus  provided  for  shall 
be  placed  below  the  lower  deck  of  the  vessel.  Every  steamer 
shall  also  be  provided  with  a  pump  which  shall  be  of  suffi- 
cient strength  and  suitably  arranged  to  test  the  boilers 
thereof. 

R.  s.,  4477.  Every  steamer  carrying  passengers  during  the  night-time 

shall  keep  a  suitable  number  of  watchmen  in  the  cabins, 
and  on  each  deck,  to  guard  against  fire  or  other  dangers, 
and  to  give  alarm  in  case  of  accident  or  disaster. 

rv.s.,4478.  Por  any  neglect  to  keep  the  watchmen  required  by  the 

preceding  section,  the  license  of  the  officer  in  charge  of  the 
vessel  for  the  time  being  shall  be  revoked ;  and  every  owner 
of  such  vessel  who  neglects  or  refuses  to  furnish  the  num- 
ber of  men  necessary  to  keep  watch  as  required,  shall  be 
fined  one  thousand  dollars. 

K.s.,4479.  The  board  of  supervising  inspectors  may  require  steam- 

ers carrying  either  passengers  or  freight  to  be  provided 
with  such  number  and  kind  of  good  and  efficient  portable 
fire  extinguishers  as,  in  the  judgment  of  the  board,  may  be 
necessary  to  protect  them  from  fire  when  such  steamers  are 
moored  or  lying  at  a  wharf  without  steam  to  work  the 
pumps. 

R.  s..  4483.  Every  such  steam-vessel  carrying  passengers,  of  two  hun- 

dred tons  burden  or  less,  shall  also  keep  at  least  eighteen 
fire  buckets  and  two  water -barrels,  and  shall  have  not  less 
than  four  axes;  and  every  such  steamer  of  over  two  hun- 
dred tons,  and  not  less  than  five  hundred  tons  burden, 
shall  carry  not  less  than  twenty-four  buckets,  four  water- 
barrels,  and  six  axes;  and  every  such  steamer  of  over  five 
hundred  tons  shall  carry  not  less  than  thirty- five  buckets, 
six  water- barrels,  and  eight  axes.    The  buckets  and  barrels 


PART    VIII. INSPECTION    OF    STEAM    VESSELS.  117 

shall  be  kept  in  convenient  places  and  tilled  with  water,  to 
be  in  readiness  in  case  of  fiie,  and  the  axes  sliall  be  kept 
in  good  order  and  ready  for  immediate  use.  Tanks  of  suit- 
able dimensions  and  arrangements,  or  buckets  in  sufficient 
number,  may  be  substituted  for  barrels. 

Every  barge  carrying  passengers,  while  in  tow  of  any  us, 4492. 
steamer,  shall  be  subject  to  the  provisions  of  this  title 
[R.  S.,  4399-45001  relating  to  fire-buckets,  axes,  life-pre- 
servers, and  yawls,  to  such  extent  as  shall  be  prescribed  by 
the  board  of  supervising  inspectors;  and  for  any  violation 
of  this  section  the  penalty  shall  be  two  hundred  dollars, 
recoverable  one-half  for  the  use  of  the  informer. 

136.  Inflammable  or  explosive  cargo. 

Upon  the  application  of  any  master  or  owner  of  any  steam-  R  s..  4422. 
vessel  employed  in  the  carriage  of  passengers,  for  a  license 
to  carry  gunpowder,  the  local  inspectors  shall  examine  such 
vessel,  and  if  they  find  that  she  is  provided  with  a  chest 
or  safe  composed  of  metal,  or  entirely  lined  and  sheathed 
therewith,  or  if  the  vessel  has  one  or  more  compartments 
thoroughly  lined  and  sheathed  with  metal,  at  a  secure  dis- 
tance from  any  fire,  they  may  grant  a  certificate  to  that 
effect,  authorizing  such  vessel  to  carry  as  freight,  within 
such  chest,  safes,  or  compartments,  the  article  of  gunpowder. 

No  loose  hay,  loose  cotton,  or  loose  hemp,  camphene,  R.s,447a 
nitroglycerine,  naphtha,  benzine,  benzole,  coaloil,  crude 
or  refined  petroleum,  or  other  like  explosive  burning  fluids, 
or  like  dangerous  articles,  shall  be  carried  as  freiglit  or  used 
as  stores  on  any  steamer  carrying  passengers;  nor  shall 
baled  cotton  or  hemp  be  carried  on  such  steamers  unless 
the  bales  are  compactly  pressed  and  thoroughly  covered 
with  bagging  of  similar  fabric,  and  secured  with  good  rope 
or  iron  bands;  nor  shall  gunpowder  be  carried  on  any  such 
vessel,  except  under  special  license;  nor  shall  oil  of  vitriol, 
nitric  or  otlier  chemical  acids  be  carried  on  such  steamers 
except  on  the  decks  or  guards  thereof,  or  in  such  other  safe 
part  of  the  vessel  as  shall  be  prescribed  by  the  inspectors. 
Eefined  petroleum,  which  will  not  ignite  at  a  temperature 
less  than  one  hundred  and  ten  degrees  of  Fahrenheit  ther- 
mometer, may  be  carried  on  board  such  steamers  uj)on 
routes  where  there  is  no  other  practical  mode  of  trans- 
porting it,  and  under  such  regulations  as  sliall  be  prescribed 
by  the  board  of  supervising  inspectors  with  the  approval 
of  the  Secretary  of  the  Treasury;  and  oil  or  spirits  of  tur- 
pentine may  be  carried  on  such  steamers  when  put  up  in 
good  metallic  vessels,  or  casks  or  barrels  well  and  securely 
bound  with  iron  and  stowed  in  a  secure  part  of  the  vessel; 
and  friction-matcbes  may  be  carried  on  such  steamers  when 
securely  packed  in  strong  tight  chests  or  boxes,  the  covers 
of  which  shall  be  well  secured  by  locks,  screws,  or  other 
reliable  fastenings,  and  stowed  in  a  safe  part  of  the  vessel 
at  a  secure  distance  from  any  fire  or  heat.  All  such  other 
provisions  shall  be  made  on  every  steamer  carrying  pas- 
sengers or  freiglit,  to  guard  against  and  extinguish  fire,  as 
shall  be  prescribed  by  the  board  of  supervising  inspectors, 
and  approved  by  the  Secretary  of  the  Treasury. 


118  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

R.s.,4473.  Every  bale  of  cotton  or  hemp  that  shall  be  shipped  or 

carried  ou  any  passenger-steamer,  without  conforming  to 
the  ijrovisious  of  the  preceding  section,  shall  be  subject 
to  a  penalty  of  five  dollars,  and  shall  be  liable  to  seizure 
and  sale  to  secure  the  payment  of  such  penalty. 

R.s.,4474.  The  Secretary  of  the  Treasury  may  grant  permission  to 

the  owner  of  any  steam-vessel,  to  use  any  invention  or 
process  for  the  utilization  of  petroleum  or  other  mineral 
oils  or  substances  in  the  production  of  motive-power,  and 
may  make  and  enforce  regulations  concerning  the  applica- 
tion and  use  of  the  same  for  such  purpose.  But  no  such 
permission  shall  be  granted,  unless  upon  the  certificate  of 
the  supervising  inspector  of  steamboats  for  the  district 
wherein  such  vessel  is  registered,  and  other  satisfactory 
proof  that  the  use  of  the  same  is  safe  and  efficient;  and 
upon  such  proof,  and  the  approval  of  such  certificate  by 
the  Secretary  of  the  Treasury,  a  special  license  for  the  use 
of  such  process  or  invention  shall  issue  under  the  seal  of 
the  Treasury  Department. 

Oct.  18, 1888.  The  Secretary  of  the  Treasury  may  permit  the  use  of 
petroleum  as  fuel  on  steamers  not  carrying  passengers, 
without  the  certificate  of  the  supervising  inspector  of  the 
district  where  the  vessel  is  to  be  used,  subject  to  such  con- 
ditions and  safeguards  as  the  Secretary  of  the  Treasury  in 
his  judgment  shall  provide.  For  a  violation  of  any  of  the 
conditions  imposed  by  the  Secretary  of  the  Treasury  a 
penalty  of  five  hundred  dollars  shall  be  imposed,  which 
penalty  shall  be  a  lien  upon  the  vessel,  but  a  bond  may,  as 
provided  in  other  cases,  be  given  to  secure  the  satisfaction 
of  the  judgment. 

R.s.,4475.  All  gunpowder,  nitroglycerine,  camphene,  naphtha,  ben- 

zine, benzole,  coal-oil,  crude  or  refined  petroleum,  oil  of 
vitriol,  nitric  or  other  chemical  acids,  oil  or  spirits  of  tur- 
pentine, friction-matches,  and  all  other  articles  of  like  char- 
acter, when  packed  or  put  up  for  shipment,  shall  be  securely 
packed  and  put  up  separately  from  each  other  and  from  all 
other  articles;  and  the  package,  box,  cask,  or  other  vessel 
containing  the  same  shall  be  distinctly  marked  on  the  out- 
side, with  the  name  or  description  of  the  article  contained 
therein. 

R.s.,4476.  Every  person  who  packs  or  jjuts  up,  or  causes  to  be 

packed  or  put  up  for  shipment,  any  gunpowder,  nitro  glyc- 
erine, camphene,  naphtha,  benzine,  benzole,  coal-oil,  crude 
or  refined  petroleum,  oil  of  vitriol,  nitric  or  other  chem- 
ical acids,  oil  or  spirits  of  turpentine,  friction-matches,  or 
other  articles  of  like  character  otherwise  than  as  directed 
by  the  preceding  section,  or  who  knowingly  ships  or  at- 
tempts to  ship  the  same,  or  delivers  the  same  to  any  such 
vessels  as  stores  unless  duly  packed  and  marked,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  punished  by  fine  not 
exceeding  two  thousand  dollars,  or  imprisonment  not  ex- 
ceeding eighteen  mouths,  or  both;  one-half  of  the  fine  to 
go  to  the  informer,  and  the  articles  to  be  liable  to  seizure 
and  forfeiture. 


PART    VIII. — INSPKC'l'ION    OF    STEAM    VESSELS.  119 

Every  person  who  knowiugly  transports,  or  delivers  or  iis.,5353. 
causes  to  be  delivered,  uitro-olycerine,  iiitiolemn  or  blast- 
ing-oil, or  uitrated  oil,  or  powder  mixed  with  any  sneli  oil, 
or  fiber  saturated  with  any  such  substance  or  article,  on 
board  any  vessel  or  vehicle  whatever,  employed  in  convey- 
ing passengers  by  land  or  water  between  any  i)lace  in  a 
foreign  country  and  any  place  within  the  United  States, 
or  between  a  place  in  one  State,  Territory,  or  district  of 
the  United  States  and  a  place  in  any  other  State,  Terri 
tory,  or  district  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  one  thousand  dollars  nor  more  than  ten  thousand 
dollars;  one-half  to  the  use  of  the  informer. 

When  the  death  of  any  person  is  caused  by  the  exidosion  k.  s. '>'554. 
of  any  quantity  of  such  articles,  or  either  of  them,  while 
the  same  is  being  placed  upon  any  vessel  or  vehicle,  to  be 
transported  in  violation  of  the  preceding  section,  or  while 
the  same  is  being  so  transported,  or  while  the  same  is 
being  renioved  from  such  vessel  or  vehicle,  every  person 
who  knowingly  placed  or  aided,  or  permitted  the  placing 
of  such  articles  upon  such  vessel  or  vehicle,  to  be  so  trans- 
ported, is  guilty  of  manslaughter,  and  shall  suffer  imprison- 
ment for  a  period  not  less  than  two  years. 

Every  person  who  knowingly  ships,  sends,  or  forwards  R.s.,5355. 
any  quantity  of  the  articles  mentioned  in  section  fifty-three 
hundred  and  tifty-three,  or  who  transports  the  same  by  any 
mode  of  conveyance  upon  land  or  water,  between  any  of 
the  places  specified  in  that  section,  unless  such  articles  be 
securely  inclosed,  deposited,  or  packed  in  a  metallic  vessel 
surrounded  by  plaster  of  Paris,  or  other  non  explosive 
material  when  saturated  with  such  oil,  and  separated  from 
all  other  substances,  and  the  outside  of  the  package  be 
marked,  printed,  or  labeled  in  a  conspicuous  manner  with 
the  words  ''nitroglycerine;  dangerous,"  shall  be  punished 
by  a  fine  of  not  less  than  one  thousand  nor  more  than  five 
thousand  dollars;  one  half  to  the  use  of  the  informer. 

137.  Carriage  of  passengers. 

The  inspecitors  shall  state  in  every  certificate  of  inspec'    i:.s.,4464. 
tion  granted  to  steamers  carrying  passengers,  other  than 
ferry-boats,  the  number  of  passengers  of  each  class  that 
any  such  steamer  has  accommodations  for,  and  can  carry 
with  prudence  and  safety. 

It  shall  not  be  lawful  to  take  on  board  of  any  steamer  a  k  s.,446r). 
greater  number  of  passengers  than  is  stated  in  the  certifi- 
cate of  inspection;  and  for  every  violation  of  this  provision 
the  master  or  owner  shall  be  liable,  to  any  person  suing  for 
the  same,  to  forfeit  the  amount  of  passage-money  and  ten 
dollars  for  each  passenger  beyond  the  nunibei'  allowed. 

Any  steam- vessel    engaged  in  the  business  of  towing    July  9,1886. 
vessels,  rafts,  or  water-craft  of  any  kind,  and  not  carrying    see.  1. 
passengers,  may  be  authorized  and  licensed  by  the  super- 
vising inspector  of  the  district  in  which  said  steamer  sliall 
be  employed,  to  carry  on  board  such  number  of  persons,  in 
addition  to  its  crew,  as  the  snp<n'vising  inspector  in  his 


120  PART    VIII. INSPECTION    OF    STEAM    VESSELS. 

judgment,  shall  deem  necessary  to  (;arry  on  tlie  legitimate 
business  of  such  towing  steamers,  not  exceeding,  however, 
oneperson  to  every  net  ton  of  measurement  of  said  steamer : 
Provided,  however,  That  the  jierson  so  allowed  to  be  carried 
shall  not  be  carried  for  hire. 

Sec.  2.  Every  steam-vessel  licensed  under  the  foregoing  section 

shall  carry  and  have  on  board,  in  accessible  places,  one 
life-preserver  for  every  person  allowed  to  be  carried,  in 
addition  to  those  provided  for  the  crew  of  such  vessel. 

R.  s.,  4466.  If   any  passenger  steamer  engages  in   excursions,   the 

inspectors  shall  issue  to  such  steamer  a  special  permit,  in 
writing,  for  the  occasion,  in  which  shall  be  stated  the  addi- 
tional number  of  passengers  that  may  be  carried,  and  the 
number  and  kind  of  life-saving  ai)pliances  that  shall  be 
provided  for  the  safety  of  such  additional  passengers;  and 
they  shall  also,  in  their  discretion,  limit  the  route  and  dis- 
tance for  such  excursions. 

It.  s.,  4467.  The  master  of  every  passenger- steamer  shall  keep  a  cor- 

rect list  of  all  the  passengers  received  and  delivered  from 
day  to  day,  noting  the  places  where  received  and  where 
landed,  which  record  shall  be  open  to  the  inspection  of 
the  inspectors  and  officers  of  the  customs  at  all  times:  and 
the  aggregate  number  of  passengers  shall  be  furnished  to 
inspectors  as  often  as  called  for ;  but  on  routes  not  exceed- 
ing one  hundred  miles,  the  number  of  passengers,  if  kept, 
shall  be  sufficient. 

R.  s.,  4468  Every  master  of  any  passenger- steamer  who  fails,  through 

negligence  or  design,  to  keep  a  list  of  passengers,  as  required 
by  the  preceding  section,  shall  be  liable  to  a  penalty  of  one 
hundred  dollars. 

R.  s.,  4469.  The  penalties  imposed  by  sections  forty-four  hundred  and 

sixty-five  and  forty-four  hundred  and  sixty- eight  shall  be  a 
lien  upon  the  vessel  in  each  case;  but  a  bond  may,  as  pro- 
vided in  other  cases,  be  given  to  secure  the  satisfaction  of 
the  judgment. 

138.   Certificate  of  inspection. 

R.  s.,  4421.  When  the  inspection  of  a  steam-vessel  is  completed  and 

the  inspectors  approve  the  vessel  and  her  equipment 
throughout,  they  shall  make  and  subscribe  a  certificate  to 
the  collector  or  other  chief  officer  of  the  customs  of  the 
district  in  which  such  inspection  has  been  made,  in  accord- 
ance with  the  form  and  regulations  prescribed  by  the  board 
of  supervising  inspectors.  Such  certificate  shall  be  veri- 
fied by  the  oaths  of  the  inspectors  signing  it,  before  the 
chief  officer  of  the  customs  of  fhe  district,  or  any  other 
person  competent  by  law  to  administer  oaths.  If  the  in- 
spectors refuse  to  grant  a  certificate  of  approval,  they  shall 
make  a  statement  in  writing,  and  sign  the  same,  giving 
the  reasons  for  their  disapproval. 

R.s.,4423.  Every  collector  or  other  chief  officer  of  the  customs  shall 

retain  on  file  all  original  certificates  of  the  inspectors 
required  to  be  delivered  to  him,  and  shall  give  to  the  mas- 


PART   VIII. — INSPECTION   OK    STEAM    VESSELS.  121 

ter  or  owner  of  the  vessel  therein  named  three  certified 
copies  thereof;  two  of  which  shall  be  placed  by  such  mas- 
ter or  owner  in  (jonspicuous  places  in  the  vessel  where  they 
will  be  most  likely  to  be  observed  by  passengers  and  otheis, 
and  there  kept  at  all  times,  framed  under  glass;  and  the 
other  shall  be  retained  by  such  master  or  owner,  as  evi- 
dence of  the  authority  thereby  conferred. 

Whenever  any  passenger  is  received  on  board  any  steam-  k.  s..44i;4. 
vessel  not  having-  the  certitied  copies  of  the  certitlcate  of 
approval  placed  and  kept  as  requirea  by  this  Title  [K.  S., 
4399-4500],  or  whenever  any  passenger  steam- vessel  receives 
or  carries  any  gunpowder  on  board,  not  having  a  certificate 
authorizing  the  same,  and  a  certified  copy  thereof  placed 
and  kept  as  required,  or  shall  carry  any  gunpowder  at  a 
place  or  in  a  manner  not  authorized  by  such  certificate, 
such  steam-vessel  shall  be  liable  to  a  penalty  of  one  hun- 
dred dollars  for  each  offense. 

139.  Exhibit  of  laws. 

Every  master,  or  commander  of  any  steam-vessel  carry-  K.s.,4494. 
ing  passengers  shall  keep  on  board  of  such  vessel  at  least 
two  copies  of  the  provisions  of  this  Title  \\l,  S.,  4399-4500], 
to  be  ftirnished  to  him  by  the  Secretary  of  the  Treasury; 
and  if  the  master  or  commander  neglects  or  refuses  to  do 
so,  or  shall  unreasonably  refuse  to  exhibit  a  copy  of  the 
same  to  any  passenger  who  asks  for  it,  he  shall  be  liable  to 
a  penalty  of  twenty  dollars. 

140.  Inspectors  and  officers  of  steam-vessels. 

Each  supervising  inspector  shall  watch  over  all  parts  of  k.s.,44()6. 
the  territory  assigned  to  him,  shall  visit,  confer  with,  and 
examine  into  the  doings  of  the  local  boards  of  inspectors 
within  his  district,  and  shall  instruct  them  in  the  proper 
performance  of  their  duties;  and  shall,  whenever  he  thinks 
it  expedient,  visit  any  vessels  licensed,  and  examine  into 
their  condition,  for  the  purpose  of  ascertaining  whether 
the  provisions  of  this  Title  [R.  S.,  4399-4500]  have  been 
observed,  and  complied  with,  both  by  the  board  of  inspect- 
ors and  the  master  and  owners.  All  masters,  engineers, 
mates,  and  iiilots  of  such  vessels  shall  answer  all  reason- 
able inquiries,  and  shall  give  all  the  informsition  in  their 
power  in  regard  to  any  such  vessel  so  visited,  and  her 
machinery  for  steaming,  and  the  manner  of  managing  both. 

Whenever  a  supervising  inspector  ascertains  to  his  sat-  R.s.,4407. 
isfaction  that  any  master,  mate,  engineer,  pilot,  or  ownei' 
of  any  steam-vessel  fails  to  perform  his  duties  according 
to  the  provisions  of  this  Title  [R.  S.,  4399-4500],  he  shall 
report  the  facts  in  writing  to  the  board  of  local  inspectors 
in  the  district  where  the  vessel  was  inspected  or  belongs; 
and,  if  need  be,  he  shall  cause  the  negligent  or  offending 
jiarty  to  be  prosecuted;  and  if  the  supervising  inspector 
has  good  reason  to  believe  there  has  been,  through  negli- 
gence or  any  other  cause,  a  failure  of  the  board  which 
inspected  the  vessel  to  do  its  duty,  he  shall  report  the  facts 


122  PART   VIII. INSPECTION   OF    STEAM    VESSELS. 

in  writing  to  the  Secretary  of  the  Treasury  who  shall 
cause  immediate  investigation  into  the  truth  of  the  com- 
plaint, and,  if  he  deems  the  cause  sufficient,  shall  remove 
any  officer  found  delinquent. 

K.  s.,  4447.  When  any  licensed  officer  is  emi)loyed  on  a  steamer  in  a 

district  distant  from  any  local  board  of  inspectors,  such 
inspectors,  or  the  supervising  inspector  of  the  district, 
may  grant  a  renewal  of  his  license,  without  such  licensed 
officer  being  personally  present,  under  such  regulations  as 
the  board  of  supervising  inspectors  shall  prescribe. 

K.  s.,  4448.  All  officers  licensed  under  the  provisions  of  this  Title 

[R.  S.  4399-4500]  shall  assist  the  inspectors  in  their 
examination  of  any  vessel  to  which  such  licensed  officers 
belong,  and  shall  point  out  all  defects  and  imperfections 
known  to  them  in  the  hull,  equipments,  boilers,  or  machinery 
of  such  vessel,  and  also  shall  make  known  to  the  inspect- 
ors, at  the  earliest  opportunity,  all  accidents  or  occurrences 
producing  serious  injury  to  the  vessel,  her  boilers,  or  ma- 
chinery; and  in  default  thereof  the  license  of  any  such 
officer  so  neglecting  or  refusing  shall  be  revoked. 

K.  s.,  4449.  If  any  licensed  officer  shall,  to  the  hindrance  of  com- 

merce, wrongfully  or  unreasonably  refuse  to  serve  in  his 
official  capacity  on  any  steamer,  as  authorized  by  the  terms 
of  his  certificate  of  license,  or  shall  fail  to  deliver  to  the 
applicant  for  such  service  at  the  time  of  such  refusal,  if  the 
same  shall  be  demanded,  a  statement  in  writing  assigning 
good  and  sufficient  reasons  therefor,  or  if  any  pilot  or  engi- 
neer shall  refuse  to  admit  into  the  i)ilot-house  or  engine- 
room  any  person  whom  the  master  or  owner  of  the  vessel 
may  desire  to  place  there  for  the  pur|)ose  of  learning  the 
profession,  his  license  shall  be  revoked,  upon  the  same  pro- 
ceedings as  are  provided  in  other  cases  of  revocation  of  such 
licenses. 

R.  s.,  4450.  The  local  boards  of  inspectors  shall  investigate  all  acts 

of  incompetency  or  misconduct  committed  by  any  licensed 
officer  while  acting  under  the  authority  of  his  license,  and 
shall  have  power  to  summon  before  them  any  witnesses 
within  their  respective  districts,  and  compel  their  attend- 
ance by  a  similar  process  as  in  tlie  United  States  circuit  or 
district  courts;  and  they  may  administer  all  necessary 
oaths  to  any  witnesses  thus  summoned  before  them;  and 
after  reasonable  notice  in  writing,  given  to  the  alleged 
delinquent,  of  the  time  and  place  of  such  investigation, 
such  witnesses  shall  be  examined,  under  oath,  touching 
the  performance  of  his  duties  by  any  such  licensed  officer; 
and  if  the  board  shall  be  satisfied  that  such  licensed  officer 
is  incompetent,  or  has  been  guilty  of  misbehavior,  negli- 
gence, or  uuskillfulness,  or  lias  endangered  life,  or  willfully 
violated  any  provision  of  this  Title  [R.  S.,  4399-4500],  they 
shall  immediately  suspend  or  revoke  his  license. 

141.  Liability  for  damage. 

R.s.,4493.  Whenever  damage  is  sustained  by  any  passenger,  or  his 

baggage,  from  explosion,  tire,  collision,  or  other  cause,  the 


PART    YIII. INSPECTION    OF    STEA:\r    VESSELS.  123 

master  and  the  owner  of  such  vessel,  or  either  of  theiu, 
and  the  vessel  sluill  be  liable  to  each  and  every  person  so 
injured,  to  the  lull  amount  of  damage,  if  it  happens  through 
any  neglect,  or  failure  to  compl}-  with  the  provisions  of  this 
Title  [K.  S.,  439! >-!,■)( )0 J,  or  through  kuown  defects,  or  im- 
perfections of  the  steam  apparatus  or  of  the  hull :  ami  any 
person  sustaining  loss,  or  injury  through  the  carelessness, 
negligence,  or  willful  misconduct  of  any  master,  mate,  en- 
gineer, or  pilot,  or  his  neglect  or  refusal  to  obey  the  laws 
governing  the  na\  igation  of  such  steamers,  may  sue  such 
master,  mate,  engineer,  or  pilot,  and  recover  damages  for 
any  such  injury  caused  by  any  such  master,  mate,  engineer, 
or  pilot. 

142.  Enforcement  and  penalty. 

All  collectors,  or  other  chief  officers  of  the  customs  and    ks.,4496. 
all  inspectors  within  the  several  districts,  shall  enforce  the 
provisions  of  this  Title  [R.  S.,  431)9-4500]  against  all  steam- 
ers arriving  and  departing. 

Every  collector,  or  other  chief  officer  of  the  customs,  or    ks.,4497. 
inspector,  who  negligently,  or  intentionally  omits  any  duty 
under  the  preceding  section,  shall  be  liable  to  removal  from 
office,  and  to  a  penalty  of  one  hundred  dollars  for  each 
offense,  to  be  sued  for  in  an  action  of  debt. 

If  any  vessel  propelled  in  whole  or  in  i)art  by  steam  be  Rs.,4499. 
navigated  without  complying  with  the  terms  of  this  Title 
[K.  S.,  4399-4500],  the  owner  shall  be  liable  to  the  United 
States  in  a  penalty  of  five  hundred  dollars  for  each  offense, 
one-half  for  the  use  of  the  informer,  for  which  sum  the 
vessel  so  navigated  shall  be  liable,  and  may  be  seized  and 
proceeded  against  by  way  of  libel  in  any  district  court  of 
the  United  States  having  jurisdiction  of  the  offense. 

The  penalty  for  the  violation  of  any  provision  of  this  Title    k-  s.,  4500. 
fR.S.,  4399-4500),  not  otherwise  specially  provided  for,  shall 
be  a  fine  of  live  hundred  dollars,  recoverable  one-half  for 
the  use  of  the  informer. 


Paet  IX.— immigrant  8HIPS. 


143.  Acconimodatious.  149.  Explosives;  cattle. 

144.  Light  aud  air.  150.  Boarding  vessel;  passenger  list. 

145.  Provisions.  151.  Death  of  passenger. 

146.  Medical  attendance.  152.  Inspection. 

147.  Discipline  and  cleanliness.  i  153.  Penalties. 

148.  Privacy  of  passengers.  j 

143.  Accommodations. 

Aug. 2, 1882.  It  shall  not  be  lawful  for  the  master  of  a  steamship  or 
other  vessel  whereon  emigrant  passengers,  or  passengers 
other  than  cabin  passengers,  have  been  taken  at  any  port 
or  place  in  a  foreign  country  or  dominion  (ports  and  places 
in  foreign  territory  contiguous  to  the  United  States  ex- 
cepted) to  bring  such  vessel  and  passengers  to  any  port  or 
place  in  the  United  States  unless  the  compartments,  spaces, 
and  accommodations  hereinafter  mentioned  have  been 
provided,  allotted,  maintained,  and  used  for  and  by  such 
passengers  during  the  entire  voyage;  that  is  to  say,  in  a 
steamship,  the  compartments  or  spaces,  unobstructed  by 
cargo,  stores,  or  goods,  shall  be  of  sufficient  dimensions  to 
allow  for  each  and  every  passenger  carried  or  brought 
therein  one  hundred  cubic  feet,  if  the  compartment  or  space 
is  located  on  the  main  deck  or  on  the  first  deck  next  below 
the  main  deck  of  the  vessel,  and  one  hundred  and  twenty 
cubic  feet  for  each  passenger  carried  or  brought  therein  if 
the  compartment  or  space  is  located  on  the  second  deck 
below  the  main  deck  of  the  vessel;  and  it  shall  not  be  law- 
ful to  carry  or  bring  passengers  on  any  deck  other  than  the 
decks  above  mentioned.  And  in  sailing-vessels  such  pas- 
sengers shall  be  carried  or  brought  only  on  the  deck  (not 
being  an  orlop  deck)  that  is  next  below  the  main  deck  of  the 
vessel,  or  in  a  poop  or  deck-house  constructed  on  the  main 
deck ;  and  the  compartment  or  space,  unobstructed  by  cargo, 
stores,  or  goods,  shall  be  of  sufficient  dimensions  to  allow 
one  hundred  and  ten  cubic  feet  for  each  and  every  passenger 
brought  therein.  And  such  passengers  shall  not  be  carried 
or  brought  in  any  between-decks,  nor  in  any  compartment, 
space,  poop,  or  deck-house,  the  height  of  which  from  deck  to 
deck  is  less  than  six  feet.  In  computing  the  number  of  such 
passengers  carried  or  brought  in  any  vessel,  children  under 
one  year  of  age  shall  not  be  included,  aud  two  children 
between  one  and  eight  years  of  age  shall  be  counted  as 
one  passenger;  and  any  person  brought  in  such  vessel  who 
shall  have  been,  during  the  voyage,  taken  from  any  other 
vessel  wrecked  or  in  distress  on  the  high  seas,  or  have  been 

124 


PAKT    TX. IMMIGRANT    SHIPS.  125 

picked  u])  at  sea  from  any  boat,  raft,  or  otherwise,  shall  not 
be  included  in  such  computation.  The  master  of  a  vessel 
coming  to  a  port  or  place  in  the  United  States  in  violation 
of  either  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor;  and  if  the  number  of  passengers 
other  than  cabin  ]>assengers  carried  or  brought  in  the  vessel, 
or  in  any  compartment,  space,  pooj),  or  deck-house  thereof, 
is  greater  than  the  number  allowed  to  be  carried  or  brought 
therein,  respectively,  as  hereinbefore  i)rescribed,  tlie  said 
master  shall  be  fined  fifty  dollars  for  each  and  every  passen- 
ger in  excess  of  the  proper  number,  and  may  also  be 
imprisoned  not  exceeding  six  months. 

In  every  such  steamship  or  other  vessel  there  shall  be  a  ^oc.2. 
sutficient  number  of  berths  for  the  proper  accommodation  as 
hereinafter  provided,  of  all  such  passengers.  There  shall 
not  be  on  any  deck  nor  in  any  compartment  or  space  occupied 
by  such  passengers  more  than  two  tiers  of  berths.  The 
berths  shall  be  properly  constructed,  and  be  separated  from 
each  other  by  partitions,  as  berths  ordinarily  are  sei)arated, 
and  each  berth  shall  be  at  least  two  feet  in  width  and  six 
feet  in  length;  and  the  interval  between  the  floor  or  lowest 
part  of  the  lower  tier  of  berths  and  the  deck  beneath  them 
shall  not  be  less  than  six  inches,  nor  the  interval  between 
each  tier  of  berths,  and  the  interval  between  the  upper- 
most tier  and  the  deck  above  it,  less  than  two  feet  six 
inches;  and  each  berth  shall  be  occupied  by  not  more  than 
one  passenger  over  eight  years  of  age;  but  double  berths 
of  twice  the  above-mentioned  width  may  be  provided,  each 
double  berth  to  be  occupied  by  no  more  and  by  none  other 
than  two  women,  or  by  one  woman  and  two  children  under 
the  age  of  eight  years,  or  by  husband  and  wife,  or  by  a 
man  and  two  of  his  own  children  under  the  age  of  eight 
years,  or  by  two  men  personally  acquainted  with  each  other. 
All  the  male  passengers  upwards  of  fourteen  years  of  age 
who  do  not  occupy  berths  with  their  wives  shall  be  berthed 
in  the  fore  part  of  the  vessel,  in  a  compartment  divided  off 
from  the  space  or  spaces  approi)riated  to  the  other  passen- 
gers by  a  substantial  and  well-secured  bulkhead;  and  un- 
married female  passengers  shall  be  berthed  in  a  compart- 
ment separated  from  the  spaces  occupied  by  other  passengers 
by  a  substantial  and  well-constructed  bulkhead,  the  open- 
ing or  communication  from  which  to  an  adjoining  passenger 
space  shall  be  so  constructed  that  it  can  be  closed  and 
secured.  Families,  however,  shall  not  be  separated  except 
with  their  consent.  Each  berth  shall  be  numbered  serially, 
on  the  outside  berth-board,  according  to  the  number  of 
passengers  that  may  lawfully  occupy  the  berth;  and  the 
berths  occupied  by  such  i)assengers  shall  not  be  removed 
or  taken  down  until  the  expiration  of  twelve  hours  from 
the  time  of  entry,  unless  previously  inspected  within  a 
shorter  period.  For  any  violation  of  either  of  the  provi- 
sions of  this  section  the  master  of  the  vessel  shall  be  liable 
to  a  fine  of  five  dollars  for  each  passenger  carried  or  brought 
on  the  vessel. 


126  PART    IX. IMMIGRANT    SHIPS. 

144.  Light  and  air. 

Aug.  2, 1882.        Every  such  steamship  or  other  vessel  shall  have  ade- 
^^''•^"  quate  provisions  for  aflbrdiug  light  and  air  to  the  passen- 

ger-decks and  to  the  compartments  and  spaces  occupied  by 
such  passengers,  and  with  adequate  means  and  apjdiances 
for  ventilating  the  said  compartments  and  spaces.  To 
compartments  having  sufficient  space  for  fifty  or  more  of 
such  passengers  at  least  two  ventilators,  each  not  less  than 
twelve  inches  in  diameter,  shall  be  provided,  one  of  wliich 
v^entilators  shall  be  inserted  in  the  forward  part  of  tlie  com- 
partment, and  the  other  in  the  after  part  thereof,  and  shall 
be  so  constructed  as  to  ventilate  the  compartment;  and 
additional  ventilators  shall  be  provided  for  each  compart- 
ment in  the  proportion  of  two  ventilators  for  each  addi- 
tional fifty  of  such  passengers  carried  or  brought  in  the 
compartment.  All  ventilators  shall  be  carried  at  least  six 
feet  above  the  uppermost  deck  of  the  vessel,  and  shall  be 
of  the  most  approved  form  and  construction.  In  any  steam- 
ship the  ventilating  a])paratus  provided,  or  any  method  of 
ventilation  adopted  thereon,  which  has  been  approved  by 
the  proper  emigration  officers  at  the  port  or  place  from 
which  said  vessel  w^as  cleared,  shall  be  deemed  a  compli- 
ance with  the  foregoing  provisions;  and  in  all  vessels 
carrying  or  bringing  such  passengers  there  shall  be  jirop- 
erly-constructed  hatchways  over  the  compartments  or 
spaces  occupied  by  such  passengers,  which  hatchway  shall 
be  properly  covered  with  houses  or  booby  hatches,  and  the 
combings  or  sills  of  which  shall  rise  at  least  six  inches 
above  the  deck;  and  there  shall  be  proper  companion-ways 
or  ladders  from  each  hatchway  leading  to  the  compart- 
ments or  spaces  occupied  by  such  passengers;  and  the  said 
companion-ways  or  ladders  shall  be  securely  constructed, 
and  be  provided  with  hand-rails  or  strong  rope,  and,  when 
the  weather  will  permit,  such  passengers  shall  have  the 
use  of  each  hatchway  situated  over  the  compartments  or 
spaces  appropriated  to  their  use;  and  every  vessel  carrying 
or  bringing  such  passengers  shall  have  a  properly  located 
and  constructed  caboose  and  cooking  range,  or  other  cook- 
ing apparatus,  the  dimensions  and  capacity  of  which  shall 
be  sufficient  to  provide  for  properly  cooking  and  preparing 
the  food  of  all  such  passengers.  In  every  vessel  carrying 
or  bringing  such  passengers  there  shall  be  at  least  two 
water-closets  or  i^rivies,  and  an  additional  water-closet  or 
privy  for  every  one  hundred  male  passengers  on  board,  tor 
the  exclusive  use  of  such  male  passengers,  and  an  addi- 
tional water-closet  or  privy  for  every  fifty  female  passen- 
gers on  board,  for  the  exclusive  use  of  the  female  j)a8sen- 
gers  and  young  children  on  board.  The  aforesaid  water- 
closets  and  privies  shall  be  properly  enclosed  and  located 
on  each  side  of  the  vessel,  and  shall  be  separated  from 
passengers'  spaces  by  substantial  and  properly  constructed 
partitions  or  bulkheads;  and  the  water-clo.sets  and  privies 
shall  be  kept  and  maintained  in  a  serviceable  and  cleanly 
condition  throughout  the  voyage.  For  any  violation  of 
either  of  the  provisions  of  this  section,  or  for  any  neglect 
to  conform  to  the  requirements  thereof,  the  master  of  the 


PAKT    TX. — IMMIGKANT    SHIPS.  127 

vessel  shall  be  liable  to  a  penalty  not  exceeding  two  hun- 
dred and  fifty  dollars. 

145.  Provisions. 

An  allowance  of  good,  wholesome,  and  proper  food,  with  au^  -,  i^-^. 
a  reasonable  (juantity  of  fresh  provisions,  which  food  shall  '''^''•'*- 
be  equal  in  value  to  one  and  a  half  navy  rations  of  the 
United  States,  and  of  fresh  water,  not  less  than  four  quarts 
per  day,  shall  be  furnished  each  of  such  passengers.  Three 
meals  sliall  be  ser>ed  daily,  at  regular  and  stated  hours, 
of  which  hours  sullicient  notice  shall  be  given.  If  any 
such  passengers  shall  at  aiiy  time  during  the  voyage  be 
put  on  short  allowance  for  food  and  water,  the  master  of 
the  vessel  shall  pay  to  each  passenger  three  dollars  for 
each  and  every  day  the  i)assenger  may  liave  been  i)ut  on 
short  allowance,  except  in  case  of  accidents,  where  the 
captain  is  obliged  to  put  the  passengers  on  short  allow- 
ance. Mothers  with  infants  and  young  children  shall  be 
furnished  the  necessary  quantity  of  wholesome  milk  or 
condensed  milk  for  the  sustenance  of  the  latter.  Tables 
and  seats  shall  be  i^rovided  for  the  use  of  passengers  at 
regular  meals.  And  for  every  willful  violation  of  any  of 
the  provisions  of  this  section  the  master  of  the  vessel  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not 
more  than  five  hundred  dollars,  and  be  imprisoned  for  a 
term  not  exceeding  six  months.  The  enforcement  of  this 
penalty,  however,  shall  not  affect  the  civil  resijonsibiiity 
of  the  master  and  owners  of  the  vessel  to  such  passengers 
as  may  have  suffered  from  any  negligence,  breach  of  con- 
tract, or  default  on  the  part  of  such  master  and  owners. 


146.  Medical  attendance. 


In  every  such  .steamship  or  other  vessel  there  shall  be    -^" 


, 1882. 


properly  built  and  secured,  or  divided  otf  from  other  spaces, 
two  comiiartments  or  spaces  to  be  used  exclusively  as 
hospitals  for  such  passengers,  one  for  men  and  the  other 
for  women.  The  hospitals  shall  be  located  in  a  space  not 
below  the  deck  next  below  the  main  deck  of  the  vessel. 
The  hospital  spaces  shall  in  no  case  be  less  than  in  the  pro- 
portion of  eighteen  clear  superficial  feet  for  every  fifty  such 
passengers  who  are  carried  or  brought  on  the  vessel,  and 
such  hospitals  shall  be  supplied  with  proper  beds,  bedding, 
and  utensils,  and  be  kept  so  supplied  throughout  tlie  voy- 
age. And  every  steamship  or  other  vessel  carrying  or 
bringing  emigrant  passengers,  or  passengers  other  than 
cabin  passengers,  exceeding  fifty  in  number,  shall  carry  a 
duly  qualified  and  competent  surgeon  or  medical  practi- 
tioner, who  shall  be  rated  as  such  in  the  ship's  articles,  and 
who  shall  be  provided  with  surgical  instruments,  medical 
comforts,  and  medicines  proper  and  necessary  for  diseases 
and  accidents  incident  to  sea  voyages,  and  for  the  proper 
medical  treatment  of  such  i)assengers  during  the  voyage, 
and  with  such  articles  of  food  and  nourishment  as  may  be 
proper  and  necessary  for  ])reserving  tlie  health  of  infants 
and  young  children;  and  the  services  of  such  surgeon  or 


Sfc.  5. 


128  PART    I\. IMMIGRANT    SHIPS. 

medical  practitioner  shall  be  promptly  given,  in  any  case 
of  sickness  or  disease,  to  any  of  the  passengers,  or  to  any 
infant  or  young  child  of  any  sucli  passengers,  who  may 
need  his  services.  For  a  violation  of  either  of  the  provi- 
sions of  this  section  the  master  of  the  vessel  shall  be  liable 
to  a  i^enalty  not  exceeding  two  hundred  and  tifty  dollars. 

147.  Discipline  and  cleanliness. 

Aug.2,i88j.         The  master  of  every  such  steamship  or  other  vessel  is 
Sec. 6.  authorized  to  maintain  good  discipline  and  such  habits  of 

cleanliness  among  such  passengers  as  will  tend  to  the 
preservation  and  promotion  of  health,  and  to  that  end  he 
shall  cause  sucli  regulations  as  he  may  adopt  for  such  pur- 
pose to  be  posted  up  on  board  the  vessel,  in  a  place  or 
places  accessible  to  such  passengers,  and  shall  keep  the 
same  so  posted  up  during  the  voyage.  The  said  master 
shall  cause  the  compartments  and  spaces  provided  for,  or 
occupied  by,  such  i^assengers  to  be  kept  at  all  times  in  a 
clean  and  healthy  condition,  and  to  be,  as  often  as  may  be 
necessary,  disinfected  with  chloride  of  lime,  or  by  some  other 
equally  efficient  disinfectant.  Whenever  the  state  of  the 
weather  will  i)ermit,  such  passengers  and  their  bedding 
shall  be  mustered  on  deck,  and  a  clear  ?nd  sufficient  space 
on  the  main  or  any  upper  deck  of  the  vessel  shall  be  set 
apart,  and  so  kept,  for  the  use  and  exercise  of  such  passen- 
gers during  the  voyage.  For  each  nej^lect  or  violation  of 
any  of  the  provisions  of  this  section  the  master  of  the  vessel 
shall  be  liable  to  a  penalty  not  exceeding  two  hundred  and 
fifty  dollars. 

148.  Privacy  of  passengers. 

Aug. 2, 1882.         Neither  the  officers,  seamen,  nor  other  persons  employed 
Sec.  7.  ou  any  such  steamship  or  other  vessel  shall  visit  or  frequent 

any  part  of  the  vessel  provided  or  assigned  to  the  use  of  such 
passengers,  except  by  the  direction  or  permission  of  the 
master  of  such  vessel  iirst  made  or  given  for  such  pur])ose; 
and  every  ofhcer,  seaman,  or  other  r)erson  employed  on 
board  of  such  vessel  who  shall  violate  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  may 
be  fined  not  exceeding  one  hundred  dollars,  and  be  impris- 
oned not  exceeding  twenty  days,  for  each  violation ;  and  the 
master  of  such  vessel  who  clirects  or  permits  any  officer, 
seaman,  or  other  person  employed  on  board  the  vessel  to 
visit  or  frequent  any  part  of  the  vessel  provided  for  or 
assigned  to  the  use  of  such  x)assengers,  or  the  compartments 
or  spaces  occupied  by  such  passengers,  except  for  the  pur- 
l)Ose  of  doing  or  performing  some  necessary  act  or  duty  as 
an  officer,  seaman,  or  other  person  employed  on  board  of 
the  vessel,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
may  be  lined  not  more  than  one  hundred  dollars  for  each 
time  he  directs  or  permits  the  provisions  of  this  section  to 
be  violated.  A  copy  of  this  section,  written  or  printed  in 
the  language  or  principal  languages  of  the  passengers  on 
board,  shall,  by  or  under  the  direction  of  the  master  of  the 
vessel,  be  posted  in  a  conspicuous  place  on  the  forecastle  and 


PART    IX. IMMIGRANT    SHIPS.  129 

in  the  several  parts  of  the  vessel  i)rovide(l  and  assij^^ned  for 
the  use  of  such  passengers,  and  in  each  comi)artniont  or 
space  occuiiied  by  such  passengers,  and  tlie  same  shall  be 
kept  so  posted  during  the  voyage;  and  if  the  said  master 
neglects  so  todojheshallbedeemed  guilty  of  a  misdemeanor, 
and  shall  be  fined  not  more  than  one  hundred  dollars. 

149.  Explosives;  cattle. 

It  shall  not  be  lawful  to  take,  carry,  or  have  on  board  of  Aug.  2,1882. 
any  such  steamship  or  other  vessel  any  nitroglycerine,  ^®"-^- 
dynamite,  or  any  other  explosive  article  or  compound,  nor 
any  vitriol  or  like  acids,  nor  gunpowder,  except  for  the 
ship's  use,  nor  any  article  or  number  of  articles,  whether 
as  a  cargo  or  ballast,  which,  by  reason  of  the  nature  or 
quantity  or  mode  of  storage  thereof,  shall,  either  singly  or 
collectively,  be  likely  to  endanger  the  health  or  lives  of  the 
passengers  or  the  safety  of  the  vessel,  and  horses,  cattle, 
or  other  animals  taken  on  board  of  or  brought  in  any  such 
vessel  shall  not  be  carried  on  any  deck  below  the  deck  on 
which  passengers  are  berthed,  nor  in  any  compartment  in 
which  passengers  are  berthed,  nor  in  any  adjoining  com- 
partment excei)t  in  a  vessel  built  of  iron,  and  of  which  the 
compartments  are  divided  off  by  water-tight  bulkheads 
extending  to  the  upper  deck.  For  every  violation  of  any 
of  the  provisions  of  this  section  the  master  of  the  vessel 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined 
not  exceeding  one  thousand  dollars,  and  be  imprisoned  for 
a  period  not  exceeding  one  year. 

It  shall  not  be  lawful  to  transport,  carry,  or  convej',  ship,  k.  s.,4278. 
deliver  on  board,  or  cause  to  be  delivered  on  board,  the 
substance  or  article  known  or  designated  as  nitroglycerine, 
or  glynoin  oil,  iiitroleum  or  blasting  oil,  or  nitrated  oil,  or 
powder  mixed  with  any  such  oil,  or  fiber  saturated  Avith 
any  such  article,  or  substance,  upon  or  in  any  vessel  or 
vehicle  used  or  employed  in  transporting  passengers  by 
land  or  water  between  a  place  in  any  foreign  country  and 
a  place  within  the  limits  of  any  State,  Territory,  or  district 
of  the  United  States,  or  between  a  ])lace  in  one  State,  Ter- 
ritory, or  district  of  the  United  States,  and  a  place  in  any 
other  State,  Territory,  or  district  therof. 

It  shall  not  be  lawful  to  ship,  send,  or  forward  any  quan-  K.s.,4279. 
tity  of  the  substances  or  articles  named  in  the  preceding 
section,  or  to  transport,  convey,  or  carry  the  same  by  a 
vessel  or  vehicle  of  any  description,  upon  land  or  water, 
between  a  i)lace  in  a  foreign  country  and  a  place  within 
the  United  States,  or  between  a  i)lace  in  one  Stale,  Terri- 
tory, or  district  of  the  United  States,  and  a  place  in  any 
other  State,  Territory,  or  district  thereof,  unless  the  same 
shall  be  securely  enclosed,  deposited,  or  packed  in  a  nu?tal- 
lic  vessel  surrounded  by  plaster  of  I'aris,  or  other  material 
that  will  be  non-explosive  when  saturated  with  such  oil  or 
substance,  and  separate  from  all  other  substances,  and  the 
outside  of  the  package  containing  the  same  be  marked, 
printed,  or  labeled  in  a  conspicuous  manner  with  the  words 
"!Nitro- glycerine,  dangerous." 
NAV  yj,  PT  2 9 


130  PART   TX. IMMIGRANT    SHIPS. 

R.s.,4280.  The  two  preceding  sections  sluill  not  be  so  construed  as 

to  prevent  any  State,  Territory,  district,  city,  or  town  within 
the  United  States  from  regulating  or  from  prohibiting  the 
traffic  in  or  transportation  of  those  substances,  between 
persons  qr  i)laces  lying  or  being  within  their  respective  ter- 
ritorial limits,  or  from  prohibiting  the  introduction  thereof 
into  such  limits,  for  sale,  use,  or  consumption  therein. 

150.  Boarding  vessel ;   passenger  list. 

Aug.  2, 1882.         xt  shall  not  be  lawful  for  the  master  of  any  such  steam- 
Sec.9.  gijjp  Q^,  other  vessel,  not  in  distress,  after  the  arrival  of  the 

vessel  within  any  collection  district  of  the  United  States, 
to  allow  any  person  or  persons,  except  a  pilot,  officer  of  the 
customs,  or  health  officer,  agents  of  the  vessel,  and  consuls, 
to  come  on  board  of  the  vessel,  or  to  leave  the  vessel,  until 
the  vessel  has  been  taken  in  charge  by  an  officer  of  the 
customs,  nor,  after  charge  so  taken,  without  leave  of  such 
officer,  until  all  the  passengers,  with  their  baggage,  have 
been  duly  landed  from  the  vessel;  and  on  the  arrival  of 
any  such  steamship  or  other  vessel  within  any  collection 
district  of  the  United  States,  the  master  thereof  shall 
deliver  to  the  officer  of  customs  who  first  comes  on  board 
the  vessel  and  makes  demand  therefor  a  correct  list,  signed 
by  the  master,  of  all  the  passengers  taken  on  board  the 
vessel  at  any  foreign  port  or  place,  specifying  separately 
the  names  of  the  cabin  passengers,  their  age,  sex,  calling, 
and  the  country  of  which  they  are  citizens,  and  the  num- 
ber of  pieces  of  baggage  belonging  to  each  passenger,  and 
Mar.  3,1803  also  the  name,  age,  sex,  calling,  and  native  country  of  each 
sec.2.  emigrant  passenger,  or  passengers  other  than  cabin  pas- 

sengers, and  their  intended  destination  or  location,  and  the 
number  of  pieces  of  baggage  belonging  to  each  jiassenger, 
and  also  the  location  of  the  com]iartment  or  space  occupied 
by  each  of  such  passengers  during  the  voyage;  and  if  any 
of  such  passengers  died  on  the  voyage,  the  said  list  shall 
specify  the  name,  age,  and  cause  of  death  of  each  deceased 
passenger;  and  a  duplicate  of  the  aforesaid  list  of  passen- 
gers, verified  by  the  oath  of  the  master,  shall,  with  the 
manifest  of  the  cargo,  be  delivered  by  the  master  to  the 
collector  of  customs  on  the  entry  of  the  vessel.  For  a  vio- 
lation of  either  of  the  provisions  of  this  section,  or  for  per- 
mitting or  neglecting  to  x>revent  a  violation  thereof,  the 
master  of  the  vessel  shall  be  liable  to  a  fine  not  exceeding 
one  thousand  dollars. 

May  7, 1874  Each  and  every  collector  of  customs  to  whom  shall  be 

delivered  the  manifests  or  lists  of  i^assengers  prescribed 
by  the  twelfth  section  of  the  act  aforesaid,  approved  March 
third,  eighteen  hundred  and  fifty  five,  shall  make  returns 
from  such  manifests  or  lists  of  i)assengers  to  the  Secretary 
of  the  Treasury  of  the  United  States,  in  such  manner  as 
shall  be  ])rescribed  by  that  officer,  under  whose  direction 
statements  of  the  same  shall  be  prepared  and  published. 

151.  Death  of  passenger. 

Aug.  2, 1882.         lu  case  there  shall  have  occurred  on  board  any  such 
Sec.  10.  steamship  or  other  vessel  any  death  among  such  passen- 


PART    IX. IMMIGRANT    SHIPS.  131 

gers  during  tbe  voyage,  the  master  or  consignees  of  the 
vessel  shall,  witbin  forty-eiglit  liours  after  the  arrival  of 
the  vessel  within  a  collection  district  of  the  I'nited  States, 
or  within  tweuty-foar  hours  after  the  entry  of  the  vessel, 
pay  to  the  collector  of  customs  of  such  district  the  sum  of 
ten  dollars  i"or  each  and  every  such  passenger  above  the 
age  of  eiglit  years  who  shall  have  died  on  the  voyage  by 
natural  disease;  and  the  master  or  consignees  of  any  ves- 
sel who  neglect  or  refuse  to  pay  such  collector,  witbin  tbe 
times  hereinbefore  prescribed,  the  sums  of  money  afore- 
said, shall  be  liable  to  a  penalty  of  fifty  dollars  in  addition 
to  tlie  sum  required  to  be  paid  as  aforesaid  for  each  pas- 
senger whose  death  occurred  on  the  voyage.  All  sums  of 
money  paid  to  any  collector  under  the  piovisions  of  this 
section  shall  be  by  him  paid  into  the  Treasury  of  the  United 
States  in  such  manner  and  under  such  regulations  as  shall 
be  prescribed  by  the  Secretary  of  tbe  Treasury. 

152.  Inspection. 

The  collector  of  customs  of  the  collection  district  witbin  Aug.  2,1882. 
which,  or  the  surveyor  of  the  port  at  which,  any  such  steam-  ^'"'-  '^^• 
ship  or  other  vessel  arrives,  shall  direct  an  inspector  or 
other  officer  of  the  customs  to  make  an  examination  of  the 
vessel,  and  to  admeasure  tbe  compartments  or  spaces  occu- 
pied by  tbe  emigrant  passengers,  or  passengers  other  than 
cabin  passengers,  during  the  voyage;  and  sucli  measure- 
ment shall  be  made  in  the  manner  provided  by  law  for 
admeasuring  vessels  for  tonnage;  and  to  compare  tbe  num- 
ber of  sucb  passengers  found  on  board  with  the  list  of  such 
passengers  furnished  by  the  master  to  tbe  customs  officer; 
and  the  said  inspector  or  other  officer  shall  make  a  report 
to  the  aforesaid  collector  or  surveyor,  stating  the  port  of 
departure,  the  time  of  sailing,  the  length  of  the  voyage,  tbe 
ventilation,  tbe  number  of  such  passengers  on  board  tbe 
vessel,  and  tbeir  native  country,  respectively;  tbe  cubic 
quantity  of  each  compartment  or  space,  and  the  number  of 
berths  and  passengers  in  each  space,  the  kind  and  quality 
of  tbe  food  furnished  to  sucb  passengers  on  the  voyage; 
tbe  number  of  deaths,  and  tbe  age  and  sex  of  tbose  who 
died  during  the  voyage,  and  of  what  disease;  and  in  case 
there  was  any  unusual  sickness  or  mortality  during  tbe 
voyage,  to  report  whether  tlie  same  was  caused  by  any 
neglect  or  violation  of  the  provisions  of  this  act,  or  by  the 
want  of  proper  care  against  disease  by  tbe  master  or  owners 
of  the  vessel;  and  the  said  reports  shall  be  forwarded  to 
the  Secretary  of  the  Treasury  at  sucb  times  and  in  sucb 
manner  as  he  shall  direct. 

153.  Penalties. 

The  provisions  of  this  act  shall  apply  to  every  steamship  Aug.  2,1882. 
or  other  vessel  whereon  emigrant  passengers,  or  passengers  s«c- 12- 
other  than  cabin  passengers,  are  taken  on  board  at  a  port 
or  place  in  the  United  States  for  conveyance  to  any  i)ort  or 
place  in  a  foreign  country  except  foreign  territory  contigu- 
ous to  tbe  United  States,  and  shall  also  a])ply  to  any  vessel 
whereon  sucb  i)assengers  are  taken  on  board  at  any  port 


132  PART   IX. IMMIGRANT    SHIPS. 

or  place  of  the  United  States  on  the  Atlantic  Ocean  or  its 
tributaries  for  conveyance  to  a  port  or  place  on  the  Pacific 
Ocean  or  its  tributaries,  or  vice  versa;  and  whether  the 
voyage  of  said  vessel  is  to  be  continuous  from  i)ort  to  port 
or  such  i)assengers  are  to  be  conveyed  from  port  to  port  in 
j)art  by  the  Avay  of  any  overland  route  through  Mexico  or 
Central  America;  and  the  said  collector  of  customs  may 
direct  an  examination  of  the  vessel  to  be  made  by  an 
inspector  or  other  officer  of  the  customs,  who  shall  make 
the  examination  and  report  whether  tlie  provisions  of  this 
act  have  been  complied  with  in  respect  to  such  vessel,  and 
the  said  collector  is  authorized  to  withhold  the  clearance 
of  such  vessel  until  the  coming  in  of  such  report;  and  if 
the  said  report  shall  show  that  any  of  the  provisions  of 
this  act  have  not  been  complied  with,  the  collector  is 
authorized  and  directed  to  withhold  the  clearance  of  such 
vessel  until  the  said  provisions  are  complied  with;  and  if 
any  such  vessel  leaves  the  aforesaid  jiort  or  place  without 
having  been  duly  cleared  by  the  collector  of  customs,  the 
master  shall  be  deemed  guilty  of  a  misdemeanor,  and  may 
be  fined  not  exceeding  one  thousand  dollars,  and  be  impris- 
oned not  exceeding  one  year,  and  the  vessel  shall  be  liable 
to  seizure  and  forfeiture. 

Sec.  13.  The  amount  of  the  several  fines  and  penalties  imposed 

by  any  section  of  this  act  ui)on  the  master  of  any  steam- 
ship or  other  vessel  carrying  or  bringing  emigrant  passen- 
gers, or  passengers  other  than  cabin  passengers,  for  any 
violation  of  the  provisions  of  this  act,  shall  be  liens  upon 
such  vessel,  and  such  vessel  may  be  libeled  therefor  in  any 
circuit  or  district  court  of  the  United  States  where  such 
vessel  shall  arrive  or  depart. 


Part  X.— GENERAL  PILOT  LAWS. 


154.  General  pilot  laws. 

Until  further  provision  is  made  by  Con  ogress,  all  pilots  hs.,  42:15. 
in  the  bays,  inlets,  rivers,  harbors,  and  ports  of  the  United 
States  shall  continue  to  be  regulated  in  conformity  with 
the  existing  laws  of  the  States  respectively  wherein  such 
pilots  may  be,  or  with  such  laws  as  the  States  may  respec- 
tively enact  for  the  j)urpose. 

The  master  of  any  vessel  coming  into  or  going  out  of   ks.,4236. 
any  port  situate  upon  waters  which   are  the  boundary 
between  two  States,  may  employ  any  pilot  duly  licensed  or 
authorized  by  the  laws  of  either  of  the  States  bounded  on 
such  waters,  to  pilot  the  vessel  to  or  from  such  port. 

No  regulations  or  provisions  shall  be  adopted  by  any  R.s.,4237. 
State  which  shall  make  any  discrimination  in  the  rate  of 
pilotage  or  half  pilotage  between  vessels  sailing  between 
the  ports  of  one  State  and  vessels  sailing  between  the 
ports  of  different  States,  or  any  discrimination  against 
vessels  propelled  in  whole  or  in  part  by  steam,  or  against 
national  vessels  of  the  United  States;  and  all  existing 
regulations  or  provisions  making  any  such  discrimination 
are  annulled  and  abrogated. 

No  State  or  municipal  government  shall  impose  upon  k  s.,4444. 
pilots  of  steam  vessels  any  obligation  to  procure  a  State 
or  other  license  in  addition  to  that  issued  by  the  United 
States,  or  any  other  regulation  which  will  impede  such 
pilots  in  the  performance  of  the  duties  required  by  this 
Title  [R.  S.,  4399-4500] ;  nor  shall  any  pilot-charges  be  levied 
by  any  such  authority  upon  any  steamer  piloted  as  provided 
by  this  Title;  and  in  no  case  shall  the  fees  charged  for  the 
pilotage  of  any  steam  vessel  exceed  the  customary  or 
legally  established  rates  in  the  State  where  the  same  is 
performed.  Nothing  in  this  Title  shall  be  construed  to 
annul  or  affect  any  regulation  established  by  the  laws  of 
any  State,  requiring  vessels  entering  or  leaving  a  i)ort  in 
any  such  State,  otlier  than  coastwise  steam -vessels,  to 
take  a  pilot  duly  licensed  or  authorized  by  the  laws  of 
such  State,  or  of  a  State  situate  upon  the  waters  of  such 
State. 

All  coastwise  sea-going  vessels,  and  vessels  navigating    r.s..  4401 
the  great  lakes,  shall  be  subject  to  the  navigation  laws  of 
the  United  States,  when  navigating  within  the  jurisdiction 

133 


134  PART    X. GENE1^^L    PILOT    LAWS. 

Aug.  19, 1890.  thereof;  and  all  vessels,  propelled  in  whole  or  in  part  by 
Feb.  8, 1895.  gfg.^m^  j|U(|  luivigatiiig  as  aforesaid,  sliall  be  subject  to  all 
June?,  1897.  ^^^  mles  and  regulations  established  in  pursuance  of  law 
for  the  government  of  steam-vessels  in  passing,  as  i)ro- 
vided  by  this  Title  [K.  S.,  4399-4500];  and  every  coastwise 
sea-going  steam -vessel  subject  to  the  navigation  laws  of 
the  United  States,  and  to  tiie  rules  and  regulations  afore- 
said, not  sailing  under  register,  shall,  when  under  way, 
except  on  the  high  seas,  be  under  the  control  and  direction 
of  pilots  licensed  by  the  inspectors  of  steamboats. 


Part  XL— TONNAGE  TAX. 


155.  Rates  of  tax.  159.  Lif;lit  niouey. 

156.  Exeiuptious  from  tonnage  tax.  160.  Consular  tonnage  cbaiges. 

157.  Discriminating  tonnage  taxes.  161.  Refund  of  tonnage  tax. 

158.  Alien  tonnage  taxes. 

155.  Rates  of  tax. 

Nothing  contained  in  this  Title  fR.  S.,  4131-4305]  shall  ^.s. 
be  deemed  in  anywise  to  impair  any  rights  and  privileges 
\rhich  have  been  or  may  be  acquired  by  any  foreign  nation 
under  the  laws  and  treaties  of  the  United  States  relative 
to  the  duty  on  tonnage  of  vessels,  or  any  other  duty  on 
vessels. 

In  lieu  of  the  tax  on  tonnage  of  thirty  cents  per  ton  per 
annum  imposed  prior  to  July  first,  eighteen  hundred  and 
eighty-four,  a  duty  of  three  cents  per  ton,  not  to  exceed  in 
the  aggregate  fifteen  cents  per  ton  in  any  one  year,  is 
hereby  imposed  at  each  entry  on  all  vessels  which  shall  be 
entered  in  any  port  of  the  United  States  from  any  foreign 
port  or  place  in  Xorth  America,  Central  America,  the  West 
India  Islands,  tlie  Bahama  Islands,  the  Bermuda  Islands, 
or  the  coast  of  South  America  bordering  on  the  Caribbean 
Sea,  or  the  Sandwich  Islands,  or  Newfoundland;  and  a 
duty  of  six  cents  per  ton,  not  to  exceed  thirty  cents  per 
ton  ])er  annum,  is  hereby  imposed  at  each  entry  ui)on  all 
vessels  wliich  shall  be  entered  in  the  United  States  from 
any  other  foreign  ports,  not,  however,  to  include  vessels  in 
distress  or  not  engaged  in  trade. 

The  expense  of  maintaining  the  Marine  Hospital  Service 
shall  hereafter  be  borne  by  the  United  States  out  of  receii)ts 
for  duties  on  tonnage  provided  for  by  this  Act;  and  so  much 
thereof  as  may  be  necessary  is  hereby  approi)riated  for  that 
purpose. 

156.  Exemptions  from  tonnage  tax. 

The  President  of  the  United  States  shall  suspend  the 
collection  of  so  much  of  the  duty  herein  imposed,  on  ves- 
sels entered  from  any  foreign  port,  as  may  be  in  excess  of 
the  tonnage  and  light-house  dues,  or  other  equivalent  tax 
or  taxes,  imposed  in  said  i)ort  on  American  vessels  by  the 
government  of  the  foreign  country  in  which  such  port  is 
situated,  and  shall,  upon  the  passage  of  this  act,  and  from 
time  to  time  thereafter  as  often  as  it  may  become  necessary 
by  reason  of  changes  in  the  laws  of  the  foreign  countries 
above  mentioned,  indicate  by  proclamation  the  ports  to 


R.  S.,  4219. 
Juno  26,  1884. 
Sec.  14. 
■Tuuol9, 188U. 
Sec.  11. 


Feb. ."),  1807. 


Jime2fi, 
Sec.  15. 


R.  S.,  4219. 
June  19, 1886. 
Sec.  11. 


135 


Apr.  4, 1888. 


136  PART    XT. — TONNAGE    TAX. 

which  such  suspeusioi)  shall  ai)i)ly,  :iiid  the  rate  or  rates 
of  tomiage-duty,  if  any,  to  be  collected  under  such  snsi)en- 
sion:  Provided,  further,  That  such  proclamation  shall 
exclude  from  the  benetits  of  the  suspension  herein  author- 
ized the  vessels  of  any  foreign  country  in  whose  ports  the 
fees  or  dues  of  any  kind  or  nature  imposed  on  vessels  of 
the  United  States,  or  the  import  or  export  duties  on  their 
cargoes,  are  in  excess  of  the  fees,  dues,  or  duties  imposed 
on  the  vessels  of  such  country,  or  on  the  cargoes  of  such 
vessels. 

But  this  proviso  shall  not  be  held  to  be  inconsistent  with 
the  special  regulation  by  foreign  countries  of  duties  and 
other  charges  on  their  own  vessels,  and  the  cargoes  thereof, 
engaged  in  their  coasting  trade,  or  with  the  existence 
beweeu  such  countries  and  other  states  of  reciprocal  stipu- 
lations founded  on  special  conditions  and  equivalents,  and 
thus  not  within  the  treatment  of  American  vessels  uuder 
the  most-favored  nation  clause  in  treaties  between  the 
United  States  and  such  countries. 

June  19, 1886.        The  President  be,  and  hereby  is,  directed  to  cause  the 
Sec.  12.  Governments  of  foreign  countries  which,  at  any  of  their 

ports,  impose  on  American  vessels  a  tonnage-tax  or  light- 
house dues,  or  other  equivalent  tax  or  taxes,  or  any  other 
fees,  charges,  or  dues,  to  be  informed  of  the  provisions  of 
the  preceding  section,  and  invited  to  co-operate  with  the 
Government  of  the  United  States  in  abolishing  all  light- 
house dues,  tonnage-taxes,  or  other  equivalent  tax  or  taxes 
on,  and  also  all  other  fees  for  oHicial  services  to,  the  ves- 
sels of  the  respective  nations  employed  in  the  trade  between 
the  ports  of  such  foreign  country  and  the  ports  of  the 
United  States. 
K.s.,4220.  >;q  vessel  belonging  to  any  citizen  of  the  United  States, 

trading  from  one  i^ort  within  the  United  States  to  another 
port  within  the  United  States,  or  employed  in  the  bank, 
whale,  or  other  fisheries,  shall  be  subject  to  tonnage  tax 
or  duty,  if  such  vessel  be  licensed,  registered  or  enrolled. 

R.s.,4221.  Ill  cases  of  vessels  making  regular  daily  trips  between 

any  port  of  the  United  States  and  any  poit  in  the  Domin- 
ion of  Canada,  wholly  upon  interior  waters  not  navigable 
to  the  ocean,  no  tonnage  or  clearance  fees  shall  be  charged 
against  such  vessel  by  the  officers  of  the  United  States, 
except  upon  the  first  clearing  of  such  vessel  in  each  year. 

K.s.,4232.  rpjjg  j^jj^jj   steamships  employed  in  the  mail  service  be- 

tween the  United  States  and  Brazil  shall  be  exempt  from 
all  port-charges  and  custom  house  dues  at  the  port  of  depar- 
ture and  arrival  in  the  United  States  if,  and  so  long  as,  a 
similar  immunity  from  port-charges  and  custom-house  dues 
is  granted  by  the  government  of  Brazil. 

157.  Discriminating  tonnage  taxes. 

K.s.,4228.  Upon  satisfactory  proof  being  given  to  the  President,  by 

the  government  of  any  foreign  nation,  that  no  discriminat- 
ing duties  of  tonnage  or  imposts  are  imposed  or  levied  in 
the  i)orts  of  such  nation  upon  vessels  wholly  belonging  to 


PART    XI. TONNAGE    TAX.  137 

citizens  of  the  United  States,  or  upon  the  produce,  manu- 
factures, or  merchandise  imported  in  the  same  from  tlie 
United  States  or  from  any  foreign  country,  the  President 
may  issue  his  ])rocIamatiou,  declaring  that  the  foreljin  dis- 
criminating duties  of  tonnage  and  imi)0st  witliin  the  llnited 
States  are  suspended  and  discontinued,  so  far  as  respects 
the  vessels  of  such  foreign  nation,  and  the  produce,  manu- 
factures, or  merchandise  inqjorted  into  the  United  States 
from  such  foreign  nation,  or  from  any  other  ioreign  country; 
the  suspension  to  take  effect  from  the  time  of  such  notiti- 
cation  being  given  to  the  President,  and  to  continue  so  long 
as  the  reciprocal  exemption  of  vessels,  belonging  to  citizens 
of  the  United  States,  and  their  cargoes,  shall  be  continued, 
and  no  longer. 

Provided,  That  the  President  is  authorized  to  suspend  in  Tuiy  24,  i8»7. 
j)art  the  operation  of  sections  forty-two  hundred  and  nine- 
teen and  twenty-five  hundred  and  two  so  that  foreign  ves- 
sels from  a  country  imposing  ])artial  discriminating  tonnage 
duties  upon  American  vessels,  or  partial  discriminating 
import  duties  upon  American  merchandise,  may  enjoy  in 
our  ports  the  identical  privileges  which  the  same  class  of 
American  vessels  and  merchandise  may  enjoy  in  said  for- 
eign country. 

No  other  or  higher  rate  of  duties  shall  be  imposed  or  col-    k.  s.,4229. 
lected  on  vessels  of  Prussia,  or  of  her  dominions,  from 
whencesoever  coming,  nor  on  tlieir  cargoes,  howsoever  com- 
posed, than  are  or  may  be  payable  on  vessels  of  the  United 
States,  and  their  cargoes. 

The  preceding  section  shall  continue  and  be  in  force  dur-  k.  s.,4230. 
ing  the  time  that  the  equality  for  which  it  provides  shall, 
in  all  respects,  be  reciprocated  in  the  ports  of  Prussia  and 
her  dominions;  and  if  at  anytime  hereafter  the  e(iuality 
shall  not  be  reciprocated  in  the  ports  of  Prussia  and  her 
dominions,  the  President  may  issue  his  proclamation, 
declaring  that  fact,  and  thereupon  the  section  preceding 
shall  cease  to  be  in  force. 

From  Spanish  vessels  coming  from  any  port  or  place  in  K.s.,4231. 
Spain  or  her  colonies,  where  no  discriminating  or  counter- 
vailing duties  on  tonnage  are  levied  upon  vessels  of  the 
United  States,  or  from  any  other  port  or  ])lace  to  and  with 
which  vessels  of  the  United  States  are  ordinarily  permitted 
to  go  and  trade,  there  shall  be  exacted  in  the  ports  of  the 
United  States  no  other  or  greater  duty  on  tonnage  than  at 
the  time  may  be  exacted  of  vessels  of  the  United  States. 

158.  Alien  tonnage  taxes  {in  exceptional  cases). 

Upon  vessels  which  shall  be  entered  in  the  United  States  u.  s.,4219. 
from  any  foreign  port  or  place  there  shall  be  paid  duties  as  July  24,  :897. 
follows:  On  vessels  built  within  the  United  States  but 
belonging  wholly  or  in  part  to  subjects  of  foreign  powers, 
at  the  rate  of  30  cents  per  ton;  on  other  vessels  not  of  the 
United  States,  at  the  rate  of  HO  cents  ])er  ton.  Upon 
every  vessel  not  of  the  United  States,  which  shall  be 
entered   in  one  district  from  another  district,  having  on 


138  PART    XI. TONNAGE    TAX. 

board  goods,  wares,  or  merchandise  taken  in  one  district  to 
be  delivered  in  another  district,  duties  shall  be  paid  at  the 
rate  of  50  cents  per  ton.  Nothing  in  this  section  shall  be 
deemed  in  any  wise  to  impair  any  rights  or  privileges  which 
have  been  or  maybe  acqnired  by  any  foreign  nation  under 
the  laws  and  treaties  of  the  United  States  relative  to  the 
duty  of  tonnage  on  vessels.  On  all  foreign  vessels  which 
shall  be  entered  in  the  United  States  from  any  foreign  port 
or  place,  to  and  with  which  vessels  of  the  United  States 
are  not  ordinarily  permitted  to  enter  and  trade,  there  shall 
be  paid  a  duty  at  the  rate  of  two  dollars  i)er  ton ;  and  none 
of  the  duties  on  tonnage  above  mentioned  shall  be  levied 
on  the  vessels  of  any  foreign  nation  if  the  President  of  the 
United  States  shall  be  satisfied  that  the  discriminating  or 
countervailing  duties  of  such  foreign  nations,  so  far  as  they 
June 26. 1884.  opcratc  to  the  disadvantage  of  the  United  States,  have 
been  abolished;  *  *  *  and  any  rights  or  privileges  ac- 
quired by  any  foreign  nation  under  the  laws  and  treaties 
of  the  United  States  relative  to  the  duty  of  tonnage  on 
vessels  shall  not  be  impaired;  and  any  vessel  any  officer 
of  which  shall  not  be  a  citizen  of  the  United  States,  shall 
pay  a  tax  of  fifty  cents  per  ton. 

159.  Light  money  {in  exceptional  cases). 

K.s.,4225.  A  duty  of  fifty  cents  per  ton,  to  be  denominated  "light 

money,"  shall  be  levied  and  collected  on  all  vessels  not  of 
the  United  States,  which  may  enter  the  ports  of  the  United 
States.  Such  light-money  shall  be  levied  and  collected  in 
the  same  manner  and  under  the  same  regulations  as  the 
tonnage  duties. 

R.s.,4226.  The  preceding  section  shall  not  be  deemed  to  operate 

upon  unregistered  vessels,  owned  by  citizens  of  the  United 
States,  and  carrying  a  sea-letter,  or  other  regular  document, 
issued  from  a  custom-house  of  the  United  States,  proving 
the  vessel  to  be  American  property.  Upon  the  entry  of 
every  such  vessel  from  any  foreign  ])ort,  if  the  same  shall 
be  at  the  port  at  which  the  owner  or  any  of  the  part  own- 
ers reside,  such  owner  or  part  owners  shall  make  oath  that 
the  sea-letter  or  otlier  regular  document  possessed  by  such 
vessel  contains  the  name  or  names  of  all  the  persons  who 
are  then  the  owners  of  the  vxssel;  or  if  any  part  of  such 
vessel  has  been  sold  or  transferred  since  the  date  of  such 
sea-letter  or  document,  that  such  is  the  case,  and  that  no 
foreign  subject  or  citizen  has,  to  the  best  of  his  knowledge 
and  belief,  any  share,  by  way  rf  trust,  confidence  or  other- 
wise, in  such  vessel.  If  the  owner  or  any  part  owner  does 
not  reside  at  the  port  or  place  at  which  such  vessel  shall 
enter,  then  the  master  shall  make  oath  to  the  like  efiect. 
If  the  owner  or  part  owner,  where  there  is  one,  or  the 
master,  where  there  is  no  owner,  shall  refuse  to  so  swear, 
such  vessel  shall  not  be  entitled  to  the  privileges  granted 
by  this  section. 

160.  Consular  tonnage  charges. 

K.s.,4222.  No  consul  Or  consular  agent  of  the  United  States  shall 

exact  tonnage  fees  from  any  vessel  of  the  Uuited  States, 


PART    XI. TONNAGE    TAX.  139 

touching:  at  or  near  ports  in  (Canada,  on  lier  regular  voyage 
from  one  port  to  another  within  the  United  iStates,  unless 
such  consul  or  consular  agent  sluill  perform  some  otlicial 
services,  required  by  law  for  such  vessel,  when  she  shall 
thus  touch  at  a  Canadian  port. 

161.  Refund  of  tonnage  tax. 

Whenever  any  tine,  i)enalty,  forfeiture,  exaction,  or  charge  •'""«  20,  i884. 
arising  under  the  laws  relating  to  vessels  or  seamen  has  ^"'-se- 
been  paid  to  any  collector  of  customs  or  consular  oflicer, 
and  application  has  been  made  within  one  year  from  such 
payment  for  the  refunding  or  remission  of  the  same,  the 
Secretary  of  the  Treasury,  if  on  investigation  he  finds  that 
such  fine,  penalty,  forfeiture,  exaction,  or  charge  was  ille- 
gally, imi)roperly,  or  excessively  imposed,  shall  have  the 
power,  either  before  or  after  the  same  has  been  covered 
into  the  Treasury,  to  refund  so  much  of  such  tine,  penalty, 
forfeiture,  exaction,  or  charge  as  he  may  think  proper,  from 
any  moneys  in  the  Treasury  not  otherwise  appropriated. 

On  all  questions  of  interpretation     *     *     *     relating  to    Juiy5,i884. 
the  collection  of  tonnage  tax,  and  to  the  refund  of  such  tax    ^^''■^■ 
when  collected  erroneously  or  illegally,  his  [Commissioner 
of  Navigation]  decision  shall  be  final. 


Part  XIL— DISCRIMINATION  AND  RETALIATION. 


162.  Discrimination    against    American  i  165.  Discrimination  on  Canadian  cansils. 


vessels. 

163.  Discrimination    against    American 

tisbing  vessels. 

164.  Discrimination  against  ]iroducts  of 

the  United  States. 


166.  Vessels  of  nations  not  assiniilated 

by  treaty  to  American  vessels. 

167.  Discriminating  duties. 


162.  Discrimination  against  American  vessels. 

June  I'j,  1886.        Whenever  any  foreign  country  whose  vessels  have  been 
Sec.  17.  placed  on  the  same  footing-  in  the  ])orts  of  the  United  States 

as  American  vessels  (the  coastwise  trade  excepted)  shall 
deny  to  any  vessel  of  the  United  States  any  of  the  commer- 
cial privileges  accorded  lo  national  vessels  in  the  harbors, 
ports,  or  waters  of  such  foreign  country,  the  President,  oa 
receiving  satisfactory  information  of  the  continuance  of 
such  discriminations  against  any  vessels  of  the  United 
States,  is  hereby  authorized  to  issue  his  ])roclamation 
excluding,  on  and  after  such  time  as  he  may  indicate,  from 
the  exercise  of  such  commercial  privileges  in  the  ports  of 
the  United  States  as  are  denied  to  American  vessels  in  the 
liorts  of  such  foreign  country,  all  vessels  of  such  foreign 
country  of  a  similar  character  to  the  vessels  of  the  United 
States  thus  discriminated  against,  and  suspending  such 
concessions  previously  granted  to  the  vessels  of  such  coun- 
try; and  on  and  after  the  date  named  in  such  proclama- 
tion for  it  to  take  effect,  if  the  master,  ofiBcer,  or  agent  of 
any  vessel  of  such  foreign  country  excluded  by  said  proc- 
lamation from  the  exercise  of  any  commercial  privileges 
shall  do  any  act  prohibited  by  said  proclamation  in  the 
ports,  harbors,  or  waters  of  the  United  States  for  or  on 
account  of  such  vessel,  such  vessel,  and  its  rigging,  tackle, 
furniture,  and  boats,  and  all  the  goods  on  board,  shall  be 
liable  to  seizure  and  to  forfeiture  to  the  United  States;  and 
any  person  opposing  any  officer  of  the  United  States  in 
the  enforcement  of  this  act,  or  aiding  and  abetting  any 
other  person  in  such  opposition,  shall  forfeit  eight  hundred 
dollars,  and  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  liable  to  imprisonment  for  a  term  not 
exceeding  two  years. 

163.  Discrimination  against  American  fishing  vessels. 

Mar. .3, 1887.         Whenever  the  President  of  the  United  States  shall  be 
satisfied  that  American  fishing  vessels  or  American  fisher- 
men, visiting  or  being  in  the  waters  or  at  any  ports  or  places 
of  the  British  Dominions  of  North  America,  are  or  then 
140 


PART    XII. DISCRIMINATION    AND    RETALIATION.  141 

lately  have  been  deniinl  or  abridged  in  the  enjoyment  of 
any  rights  secured  to  them  by  treaty  or  law,  or  are  or  then 
•lately  have  been  unjustly  vexed  or  harassed  in  the  enjoy- 
ment of  such  riglits,  or  subjected  to  unreasonable  restric- 
tions, regulations,  or  requirements  in  respect  of  such  rights; 
or  otherwise  unjustly  vexed  or  harassed  in  said  waters, 
ports,  or  places; 

Or  whenever  the  President  of  the  United  States  shall  be 
satisfied  that  any  such  fishing  vessels  or  lishernien,  having 
a  i)ermit  under  the  laws  of  the  United  States  to  touch  and 
trade  at  any  i)ort  or  ports,  i)lace  or  places,  in  the  British 
Dominions  of  North  America,  are  or  then  lately  have  been 
denied  the  privilege  of  entering  such  port  or  i)orts,  place 
or  places,  in  the  same  manner  and  under  the  same  regula- 
tions as  may  exist  therein  applicable  to  trading  vessels 
of  the  most  favored  nation,  or  shall  be  unjustly  vexed  or 
harassed,  in  respect  thereof,  or  otherw  ise  be  unjustly  vexed 
or  harassed  therein,  or  shall  be  prevented  Irom  purchasing 
such  supi)lies  as  may  there  be  lawfully  sold  to  trading  ves- 
sels of  the  most  favored  nation; 

Or  whenever  the  President  of  the  United  States  shall  be 
satisfied  that  any  other  vessels  of  the  United  States,  their 
masters  or  crews,  so  arriving  at  or  being  in  such  British 
waters  or  ports  or  places  of  the  British  Dominions  of  North 
America,  are  or  then  lately  have  been  denied  any  of  the 
privileges  therein  accorded  to  the  vessels,  their  masters  or 
crews,  of  the  most  favored  nation,  or  unjustly  vexed  or  har- 
assed in  resi)ect  of  the  same,  or  unjustly  vexed  or  harassed 
therein  by  the  authorities  thereof,  then,  and  in  either  or  all 
of  such  cases : 

It  shall  be  lawful,  and  it  shall  be  the  duty  of  the  Presi- 
dent of  the  United  States,  in  his  discretion,  by  proclama- 
tion to  that  effect,  to  deny  vessels,  their  masters  and  crews, 
of  the  British  Dominions  of  North  America,  any  entrance 
into  the  waters,  ports,  or  places  of,  or  within  the  United 
States  (with  such  exceptions  in  regard  to  vessels  in  dis- 
tress, stress  of  weather,  or  needing  supplies  as  to  the  Presi- 
dent shall  seem  proper),  whether  such  vessels  shall  have 
come  directly  from  said  dominions  on  such  destined  voyage 
or  by  way  of  some  i)ort  or  i)lace  in  such  destined  voyage 
elsewhere,  and  also  to  deny  entry  into  any  ])ort  or  place  of 
the  United  States  of  fresh  fish  or  salt  fish  or  any  other 
product  of  said  dominions,  or  other  goods  coming  from  said 
dominions  to  the  United  States. 

The  President  may,  in  his  discretion,  apply  such  procla 
mation  to  any  part  or  to  all  of  the  foregoing-named  sub- 
jects, and  may  revoke,  qualify,  limit,  and  renew  such  proc- 
lamation from  time  to  time  as  he  may  deem  necessary  to 
the  full  and  just  execution  of  the  purposes  of  this  act. 

Every  violation  of  any  such  i)roclaniation,  or  any  part 
thereof,  is  hereby  declared  illegal,  and  all  vessels  and  goods 
so  coming  or  being  within  the  waters,  ports,  or  ])laces  of  the 
United  States  contrary  to  such  i)roclamation  shall  be  for- 
feited to  the  United  States;  aiul  such  f<u-feiture  shall  be 
enforced  and  proceeded  upon  in  the  same  manner  and  with 
the  same  effect  as  in  the  case  of  vessels  or  goods  whose 


142  PART    XII. DISCRIMINATION    AND    RETALIATION. 

importation  or  coming  to  or  being  in  the  waters  or  ports  of 
the  United  States  contrary  to  law  may  now  be  eu forced 
and  proceeded  upon. 

Every  person  who  shall  violate  any  of  the  provisions  of 
this  act,  or  such  proclamation  of  the  President  made  in 
pursuance  hereof,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  for  a 
term  not  exceeding  two  years,  or  by  both  said  punishments, 
in  the  discretion  of  the  court. 

164.  Discrimination  against  products  of  the  United  States. 

Aug.  30, 1890.      Whenever  the  President  shall  be  satisfied  that  unjust 
Sec.  5.  discriminations  are  made  by  or  under  the  authority  of  any 

foreign  state  against  the  importation  to  or  sale  in  such  for- 
eign state  of  any  product  of  the  United  States,  he  may 
direct  that  such  product  of  such  foreign  State  so  discrimi- 
nating against  any  product  of  the  United  States  as  he  may 
deem  j)roper  shall  be  excluded  from  importation  to  the 
United  States;  and  in  such  case  he  shall  make  proclama- 
tion of  his  direction  in  the  premises,  and  therein  name  the 
time  when  such  direction  against  importation  shall  take 
effect,  and  after  such  date  the  importation  of  the  articles 
named  in  such  proclamation  shall  be  unlawful.  The  Presi- 
dent may  at  any  time  revoke,  modify,  terminate,  or  renew 
any  such  direction  as,  in  his  opinion,  the  public  interest 
may  require. 

165.  Discrimination  on  Canadian  canals. 

July  26, 1892.  With  a  vicw  of  securing  reciprocal  advantages  for  the 
citizens,  ports,  and  vessels  of  the  United  States,  on  and 
after  the  first  day  of  August,  eighteen  hundred  and  ninety- 
two,  whenever  and  so  often  as  the  President  shall  be  satis- 
fied that  the  passage  through  any  canal  or  lock  connected 
with  the  navigation  of  the  Saint  Lawrence  River,  the 
Great  Lakes,  or  the  water  ways  connecting  the  same,  of 
any  vessels  of  the  United  States,  or  of  cargoes  or  passen- 
gers in  transit  to  any  port  of  the  United  States,  is  pro- 
hibited or  is  made  difficult  or  burdensome  by  the  imposition 
of  tolls  or  otherwise  which,  in  view  of  the  free  passage 
through  the  Saint  Marys  Falls  Canal,  now  permitted  to 
vessels  of  all  nations,  he  shall  deem  to  be  reciprocally 
unjust  and  unreasonable,  he  shall  have  the  power,  and  it 
shall  be  his  duty,  to  suspend  by  i^roclamation  to  that 
effect,  for  such  time  and  to  such  extent  (including  absolute 
prohibition)  as  he  shalldeem  just,  the  right  of  free  passage 
through  the  Saint  Marys  Falls  Canal,  so  far  as  it  relates 
to  vessels  owned  by  the  subjects  of  the  government  so  dis- 
criminating against  the  citizens,  ports,  or  vessels  of  the 
United  States,  or  to  any  cargoes,  portions  of  cargoes,  or 
passengers  in  transit  to  the  ports  of  the  government  mak- 
ing such  discrimination,  whether  carried  in  vessels  of  the 
United  States  or  of  other  nations. 

In  such  case  and  during  such  susjiension  tolls  shall  be 
levied,  collected,  and  paid  as  follows,  to  wit: 

Upon  freight  of  whatever  kind  or  description,  not  to 


PART    XII. DISCRIMINATION    AND    RETALIATION.  143 

exceed  two  dollars  per  tou ;  upon  passengers,  not  to  exceed 
five  dollars  each,  as  shall  be  from  time  to  time  determined 
by  the  President: 

Proviflcd,  That  no  tolls  shall  be  charged  or  collected  upon 
freight  or  passengers  carried  to  and  landed  at  Ogdensburg, 
or  any  port  west  of  Ogdensburg,  and  south  of  a  line  drawn 
from  the  northern  boundary  of  the  State  of  New  York 
through  the  Saint  Lawrence  Itiver,  the  Oreat  Lakes,  and 
their  connecting  channels  to  the  northern  boundary  of  the 
State  of  Minnesota. 

All  tolls  so  charged  shall  be  collected  under  such  regu-  sec.2. 
lations  as  shall  be  prescribed  by  the  Secretary  of  the 
Treasury,  who  may  require  the  master  of  each  vessel  to 
furnish  a  sworn  statement  of  the  amount  and  kind  of  cargo 
and  the  number  of  passengers  carried  and  the  destination 
of  the  same,  and  such  proof  of  the  actual  delivery  of  such 
cargo  or  passengers  at  some  ])ort  or  place  within  the  linuts 
above  named  as  he  shall  deem  satisfactory;  and  until  such 
proof  is  furnished  such  freight  and  i)assengers  may  be 
considered  to  have  been  landed  at  some  i)ort  or  place  out- 
side of  those  limits,  and  the  amount  of  tolls  which  would 
have  accrued  if  they  had  been  so  delivered  shall  constitute 
a  lien,  which  may  be  enforced  against  the  vessel  in  deftiult 
wherever  and  whenever  found  in  the  waters  of  the  United 
States. 

166.  l/esse/s  of  nations  not  assimilated  by  treaty  to  American  yesse/s. 

No  goods,  wares,  or  merchandise,  unless  in  cases  pro-  K.s.,2497. 
vided  for  by  treaty,  shall  be  imported  into  the  United  July 24,1897. 
States  from  any  foreign  port  or  place,  except  in  vessels  of  ''*ec.23. 
the  United  States,  or  in  such  foreign  vessels  as  truly  and 
wholly  belong  to  the  citizens  or  subjects  of  that  country  of 
which  the  goods  are  the  growth,  production,  or  manufac- 
ture, or  from  which  such  goods,  wares,  or  merchandise  can 
only  be,  or  most  usually  are,  first  shipped  for  transportation. 
All  goods,  wares,  or  merchandise  imported  contrary  to  this 
section,  and  the  vessel  wherein  the  same  shall  be  imi>orted, 
together  with  her  cargo,  tackle,  api)arel,  and  furniture, 
shall  be  forfeited  to  the  United  States;  and  such  goods, 
wares,  or  merciiandise,  ship,  or  vessel,  and  cargo  shall  be 
liable  to  be  seized,  prosecuted,  and  condemned  in  like  man- 
ner, and  under  tlie  same  regulations,  restrictions,  and  pro- 
visions as  have  been  heretofore  establislied  for  the  recovery, 
collection,  distribution,  and  remission  of  forfeitures  to  the 
United  States  by  the  several  revenue  laws. 

The  preceding  section   shall   not  apply  to  vessels  or    sec.24. 
goods,  wares,  or  merchandise  imported  in   vessels  of  a 
foreign  nation  which  does  not  maintain  a  similar  regula- 
tion against  vessels  of  the  United  States. 

167.  Discriminating  duties. 

A  discriminating  duty  of  ten  per  centum  ad  valorem,  in    R  s.,2502. 
addition  to  the  duties  imposed  by  law,  shall  be  levied,  col-    -^"g-ss,  i894. 
lected,  and  j)aid  on  all  goods,  wares,  or  merchandise  which 
shall  be  imported  in  vessels  not  of  the  United  States;  but 


144  PART    XII. DISCRIMINATION    AND    RETALIATION. 

Sec.  14.  this  discriminating  duty  shall  not  apply  to  goods,  wares, 

July  24, 18*7.  and  merchandise  whicli  shall  be  imported  in  vessels  not  of 
the  United  States,  entitled,  by  treaty  or  any  Act  of  Con- 
gress, to  be  entered  in  the  ])orts  of  the  United  States  on 
payment  of  the  same  duties  as  shall  then  be  paid  on  goods, 
wares,  and  merchandise  imported  in  vessels  of  the  United 
States. 

July  24, 1897.        That  a  discriminating  duty  of  ten  per  centum  ad  valorem, 
Sec. 22.  jn  addition  to  the  duties  imposed  by  law,  shall  be  levied, 

collected,  and  paid  on  all  goods,  wares,  or  merchandise 
which  shall  be  imported  in  vessels  not  of  tlie  United  States, 
or  which  being  the  production  or  manufacture  of  any  for- 
eign country  not  contiguous  to  the  United  States,  shall  come 
into  the  United  States  from  such  contiguous  country ;  but 
this  discriminating  duty  shall  not  ap])ly  to  goods,  M'ares,  or 
merchandise  which  shall  be  imported  m  vessels  ncjt  of  the 
United  States,  entitled  at  the  time  of  such  imi)ortati()n  by 
treaty  or  convention  to  be  entered  in  the  ports  of  the  United 
States  oil  payment  of  the  same  duties  as  shall  tlien  be  pay- 
able on  goods,  wares,  and  merchandise  imported  in  vessels 
of  the  United  States,  nor  to  such  foreign  products  or 
manufactures  as  shall  be  imported  from  such  contiguous 
countries  in  the  usual  course  of  strictly  retail  trade.  [See 
opinion  Attorney  General,  September  20, 1897,  in  Treasury 
Decisions,  Synopses  18383,  18431,  and  18900,  and  General 
Appraisers,  18915.  J 


Part  XIIL— ENTRY  AND  CLP:ARANCE. 


176.  Enrolled    and    licensed    vessels    iu 
foreign  trade. 

177.  Oath  of  ownership  on  entry. 

178.  Deposit  of  ])aper8. 

179.  War     documents;     jjassports;  sea- 
letters. 

180.  lUeijal  boardin<r  of  vessel. 


168.  Clearance. 

169.  Master's  oath. 

170.  Form  of  outward  manifest. 

171.  Form  of  clearance. 

172.  State  inspection  laws. 

173.  Bullion  and  com. 

174.  Live-oak  timber. 

175.  Fees. 

168.  Clearance. 

The  master  or  person  having  tlie  charge  or  conimand  of  ii.  s.,  4197. 
any  vessel  bound  to  a  foreign  i)ort,  shall  deliver  to  the 
collector  of  the  district  from  which  such  vessel  is  about  to 
depart,  a  manifest  of  all  the  cargo  on  board  the  same,  and 
the  value  thereof,  by  him  subscribed,  and  shall  swear  to  the 
truth  thereof;  whereupon  the  collector  shall  grant  a  clear- 
ance for  such  vessel  and  her  cargo,  but  without  specifying 
the  particulars  thereof  in  the  clearance,  unless requiied by 
the  master  or  other  person  having  the  charge  or  command 
of  such  vessel  so  to  do.  If  any  vessel  bound  to  a  foreign 
port  departs  on  her  voyage  to  such  foreign  port  without 
delivering  such  manifest  and  obtaining  a  clearance,  as 
hereby  required,  the  master  or  other  person  having  the 
charge  or  command  of  such  vessel  shall  be  liable  to  a  pen- 
alty of  five  hundred  dollars  for  every  such  offense. 

169.  Master's  oaih. 

The  oath  to  be  taken  by  the  nuister  or  commander  of  the    k.  s..  4198 
vessel  shall  be  as  follows: 


District  of 

I,  (insert  the  name),  master  or  commander  of  the  (insert 
the  denomiiuition  and  name  of  the  vessel),  bound  from  the 
l)ort  of  (insert  the  name  of  the  ])ort  or  place  sailing  from) 
to  (insert  the  name  of  the  port  or  ])lace  bound  to,)  do  sol- 
emnly, sincerely,  and  truly  swear  (or  affirm,  as  the  case 
may  be)  that  the  nuuiifest  of  the  cargo  on  board  the  said 
(insert  denomination  and  name  of  the  vessel),  now  deliv- 
ered by  me  to  the  collector  of  this  district,  and  subscribed 
with  my  name,  contains,  according  to  the  best  of  my 
knowledge  and  belief,  a  full,  just,  aiul  true  account  of  all 
the  goods,  wares,  and  merchandise  now  actually  laden  on 
board  the  said  vessel,  and  of  tiie  value  thereof;  and  if  any 
other  goods,  wares,  or  merchandise  shall  be  laden  or  put 
oa  board  the  sanl  (insert  denomination  and  name  of  vessel) 
NAV  1)1),  I'T  2 10 


145 


146 


PART    XIII. EXTKY    AND    CLEARANCE. 


R.  S.,4199. 


previous  to  lier  sailing  from  this  i)ort,  1  will  immediately 
report  the  same  to  the  said  collector.  1  do  also  swear  (or 
affirm)  that  I  verily  believe  the  duties  on  all  the  foreign 
merchandise  therein  specified  have  been  paid  or  secured, 
according  to  law,  and  that  no  part  thereof  is  intended  to 
be  relanded  within  the  United  States,  and  that  if  by  dis 
tress  or  other  unavoidable  accident  it  shall  become  neces 
sary  to  reland  the  same,  I  will  forthwith  make  a  just  and 
true  report  thereof  to  the  collector  of  the  customs  of  the 
district  wherein  such  distress  or  accident  may  hapj)en.  So 
help  me  God. 

170.  Form  of  outwaro  manifest. 

The  form  of  the  report  and  manifest  to  be  delivered  to 
the  collector  shall  be  as  follows : 

Report  and  manifest  of  th«  cargo  laden  at  the  port  of  ,  ou 

board  the  ,  master,  bound  for 

port 


,,     ,  -KT       1,  Packages  or  arti-      Contents  or  quan-     Value  at  the  port 

Marks.       Numbers.  clesinbulk.  titles.  of  exportation. 


E.  s.,4200.  Before  a  clearance  shall  be  granted  for  any  vessel  bound 

to  a  foreign  port,  the  owners,  shippers,  or  consignors  of  the 
cargo  of  such  ve.-^sel  shall  deliver  to  the  collector  manifests 
of  the  cargo,  or  the  ])arts  thereof  shipped  by  them  respec 
tively,  and  shall  verity  the  same  by  oath.  Such  manifests 
shall  specify  the  kinds  and  quantities  of  the  articles 
shii)ped  respectively,  and  the  value  of  the  total  quantity 
of  each  kind  of  articles;  and  the  oath  to  each  manifest 
shall  state  that  it  contains  a  full,  just,  and  true  account  of 
all  articles  laden  ou  board  of  such  vessel  by  the  owners, 
shippers  or  consignors,  respectively,  and  that  the  values  of 
such  articles  are  truly  stated,  according  to  their  actual 
cost,  or  the  values  which  they  truly  bear  at  the  port  and 
time  of  exportation.  And  before  aclearance  shall  be  granted 
for  any  such  vessel,  the  master  of  that  vessel,  and  the 
owners,  shippers,  and  consignors  of  the  cargo,  shall  state, 
upon  oath,  to  the  collector,  the  foreign  port  or  country  in 
whi<'h  such  cargo  is  truly  intended  to  belauded.  The  oaths 
shall  be  taken  and  subscribed  in  writing. 


171.  Form  of  clearance. 

R.s.,4201.  The  form  of  a  clearance,  to  be  granted  to  a  ship  or  vessel 

on  her  departure  to  a  foreign  port  or  place,  shall  be  as 
follows : 

District  of  ,  ss, 

Port  of 

These  are  to  certify  all  whom  it  doth  concern,  that  , 

master  or  commander  of  the  ,  burden  tons,  or 

thereabouts,  mounted  with  guns,  navigated  Avith 


PART  XIII. ENTRY  AND  CLEARANCE.  147 

men,  built,  and  bound  for         ,  having  on  board  , 

hath  here  entered  and  cleared  his  said  vessel  according  to 
law.  Given  under  our  hands  and  seals,  at  the  custom-house 
of  ,  this  day  of  ,  one  thousand  ,  and 

in  the  year  of  the  Independence  of  the  United  States 

of  America. 

172.  State  inspection  laws. 

The  collectors  and  other  officers  of  the  customs  shall  pay  ];.s..4202. 
due  regard  to  the  inspection  laws  of  the  States  in  which 
they  may  resi)ectively  act,  in  such  manner  that  no  vessel 
having  on  board  goods  liable  to  inspection  shall  be  cleared 
until  the  master,  or  other  proper  person,  shall  have  pro- 
duced such  certilicate  that  all  such  goods  have  been  duly 
iusi)ected,  as  the  laws  of  the  respective  States  may  require 
to  be  produced  to  collectors  or  other  officers  of  the  customs. 

173.  Bullion  and  coin. 

All  vessels  belonging  to  citizens  of  the  United  States,  k.  s.,4204. 
and  bound  from  any  port  in  the  United  States  to  any  other 
port  therein,  or  to  any  foreign  i)ort,orfroni  any  foreign  port 
to  any  port  in  the  United  States,  shall,  before  clearance, 
receive  on  board  all  such  bullion,  coin.  United  States  notes 
and  bonds  and  other  securities,  as  the  Government  of  the 
United  States  or  any  department  thereof,  or  any  minister, 
consul,  vice  consul,  or  commercial  or  other  agent  of  the 
United  States  abroad,  shall  ofler,  and  shall  securely  con- 
vey and  promptly  deliver  the  same  to  the  proper  authori- 
ties or  consignees,  on  arriving  at  the  port  of  destination; 
and  shnll  receive  for  such  service  such  reasonable  compen- 
sation as  may  be  allowed  to  other  carriers  in  the  ordinary 
transactions  of  business. 

174.  Live-oak  timber. 

Collectors  of  the  collection-districts  within  the  States  of  R.s.,4205. 
Florida,  Alabama,  Mississippi,  and  Louisiana,  before  allow- 
ing a  clearance  to  any  vessel  laden  in  whole  or  in  part 
with  live  oak  timber,  shall  ascertain  satisfactorily  that  such 
timber  was  cut  from  private  lands,  or,  if  from  public  lands, 
by  consent  of  the  Department  of  the  Navy. 

175.  Fees. 

Previous  to  a  clearance  being  granted  to  any  vessel,  out-    r.s.,4206. 
ward  bound,  the  legal  fees  which  shall  have  accrued  on    Juuo  19,  issc. 
such  vessel  shall  be  paid  at  the  offices  where  such  fees  are 
respectively  payable;  and  receipts  for  the  same  shall  be 
l)roduced  to  the  collector  or  other  officer  whose  duty  it  may 
be  to  grant  clearances,  before  a  clearance  is  granted. 

Whenever  any  clearance  is  granted  to  any  vessel  of  the  K.S..4207. 
United  States,  duly  registered  as  such,  and  bound  on  any 
foreign  voyage,  the  collector  of  the  district  shall  annex 
thereto,  in  everj-  case,  a  copy  of  the  rates  or  tariffs  of  fees 
which  diplomatic  and  consular  officers  are  entitled,  by  the 
regulations  prescribed  by  the  President,  to  receive  for  their 
services. 


148  PART  XIII. ENTRY  AND  CLEARANCE. 

176.  Enrolled  and  licensed  vessels  in  foreign  trade. 

R.s.,4337.  If  any  vessel,  enrolled  or  licensed,  shall  proceed  on  a  for- 

eign voyage,  without  first  giving  up  her  enrollment  and 
license  to  the  collector  of  the  district  conii)rehending  the 
port  from  which  she  is  about  to  ])roceed  on  such  voyage, 
and  being  duly  registered  by  such  collector,  every  such 
vessel,  together  with  her  tackle,  apparel,  and  furniture,  and 
the  merchandise  so  imported  therein,  shall  be  liable  to 
seizure  and  forfeiture. 

R  s.,4338.  If  the  i)ort  from  which  any  vessel,  so  enrolled  or  licensed 

is  about  to  proceed  on  a  foreign  voyage,  is  not  within  the 
district  where  such  vessel  is  enrolled,  the  collector  of  such 
district  shall  give  to  the  master  of  such  vessel  a  certificate, 
specifying  that  the  enrollment  and  license  of  such  vessel 
has  been  received  by  him,  and  the  time  when  it  was  so 
received;  which  certificate  shall  afterward  be  delivered  by 
the  master  to  the  collector  who  may  have  granted  such 
enrollment  and  license. 

R.  s.,4364.  Whenever  any  vessel,  licensed  for  carrying  on  the  fishery, 

is  intended  to  touch  and  trade  at  any  foreign  port,  it  shall 
be  the  duty  of  the  master  or  owner  to  obtain  permission 
for  that  purpose  from  the  collector  of  the  district  where 
such  vessel  may  be,  previous  to  her  departure,  and  the 
master  of  every  such  vessel  shall  deliver  liiie  manifests,  and 
make  like  entries,  both  of  the  vessel  and  of  the  merchan- 
dise on  board,  within  the  same  time,  and  under  the  same 
penalty,  as  are  by  law  provided  for  vessels  of  the  United 
States  arriving  from  a  foreign  port. 

R.s.,4365.  Whenever  a  vessel,  licensed  for  carrying  on  the  fisheries, 

is  found  within  three  leagues  of  the  coast,  with  merchan- 
dise of  foreign  growth  or  manfacture,  exceeding  the  value 
of  five  hundred  dollars,  without  having  such  permission  as 
is  directed  by  the  j^recediug  section,  such  vessel,  together 
with  the  merchandise  of  foreign  growth  or  manufacture 
imported  therein,  shall  be  subject  to  seizure  and  forfeiture. 

177.  Oath  of  ownership  on  entry. 

R.  s.,  4173.  Upon  the  entry  of  every  vessel  of  the  United  States  from 

any  foreign  port,  if  the  same  shall  be  at  the  port  at  which 
the  owner  or  any  of  the  part  owners  reside,  such  owner  or 
part  owner  shall  make  oath  that  the  register  of  such  vessel 
contains  the  name  or  names  of  all  the  persons  who  are  then 
owners  of  the  vessel ;  or  if  any  part  of  such  vessel  has  been 
sold  or  transferred  since  the  granting  of  vSuch  register  that 
such  is  the  case,  and  that  no  foreign  subject  or  citizen  has, 
to  the  best  of  his  knowledge  and  belief,  any  share,  by  way 
of  trust,  confidence,  or  otherwise,  in  such  vessel.  Jf  the 
owner  or  any  part  owner  does  not  reside  at  the  port  at 
which  such  vessel  enters,  the  master  shall  make  oath  to  the 
like  efiect.  If  the  owner,  or  part  owner,  where  there  is  one, 
or  the  master,  where  there  is  no  owner,  refuses  so  to  swear, 
such  vessel  shall  not  be  entitled  to  the  privileges  of  a 
vessel  of  the  United  States. 


PART  XTII. ENTRY  AND  CLEARANrE.  149 

Upon  the  entry  of  every  such  |  unregistered  vessel,  owned  ^'  ^-  •*-*'• 
by  citizens  of  the  United  States,  and  carrying  a  sea  letter, 
or,  other  regular  document,  issued  from  a  custom  house 
of  the  Ignited  States,  proving  the  vessel  to  be  American 
property]  vessel  from  any  foreigti  port,  if  the  same  shall  be 
at  the  i)ort  at  which  the  owner  or  any  of  the  i)art  owners 
reside,  such  owner  or  i^art  owner  shall  make  oath  that  the 
sea  letter  or  other  regular  document  possessed  by  such 
vessel  contains  the  name  or  names  of  all  the  persons  who 
are  then  the  owners  of  tlie  vessel;  or  if  any  part  of  such 
vessel  has  been  sold  or  transferred  since  the  date  of  such 
sea-letter  or  document,  th;it  such  is  the  case,  and  that  no 
foreign  subject  or  citizen  has,  to  the  best  of  his  knowledge 
and  belief,  any  share,  by  way  of  trust,  confidence,  or  other- 
wise, in  such  vessel.  If  the  owner  or  any  part  owner  does 
not  reside  at  the  port  or  ])la('e  at  which  such  vessel  shall 
enter,  then  the  master  shall  make  oath  to  the  like  effect. 
If  the  owner  or  part  owner,  where  there  is  one,  or  the  mas- 
ter, where  there  is  no  owner,  shall  refuse  to  so  swear,  such 
vessel  shall  not  be  entitled  to  the  privileges  granted  by 
this  section. 

775.  Deposit  of  papers. 

The  register,  or  other  document  in  lieu  thereof,  together  R-s.,279o. 
with  the  clearance  and  other  papers  granted  by  the  ofticers 
of  the  customs  to  a  vessel  at  her  departure  from  the  port 
from  whence  she  may  have  arrived,  Mediterranean  pass- 
jwrts  excepted,  shnll  previous  to  entry  be  produced  to  the 
collector  with  whom  such  entry  is  to  be  made,  and  shall 
remain  in  his  office;  and  on  the  clearance  of  such  vessel  the 
register  and  other  documents  shall  be  returned  to  the  mas- 
ter or  owner  of  such  vessel. 

The  register,  or  other  document  in  lieu  thereof,  together  R.s.,4209. 
with  the  clearance  and  other  papers  granted  bj'-  the  officers 
of  the  customs  to  any  foreign  vessel,  at  her  departure  from 
the  port  from  which  she  may  have  arrived,  shall,  previous 
to  entry  in  any  port  of  the  United  States,  be  produced  to 
the  collector  with  whom  siu'h  entry  is  to  be  made.  It  shall 
be  the  duty  of  the  nuister,  within  forty  eight  hours  after 
such  entry,  to  deposit  the  papers  with  the  consul  or  vice- 
consul  of  the  nation  to  which  the  vessel  belongs,  and  to 
deliver  to  the  collector  the  certificate  of  such  consul  or  vice- 
consul  that  the  pa])ers  have  been  so  deposited.  Every 
master  who  fails  to  c()mi)]y  with  this  regulation  shall  be 
punishable  by  a  fine  of  not  less  than  live  hundred  dollars, 
nor  more  than  two  thousand  dollars. 

The  preceding  section  shall  not  extend  to  the  vessels  of   K.s.,4210. 
foreign  nations  in  whose  ])orts  American  consuls  are  not 
permitted  to  have  tiie  custody  and  possession  of  the  regis- 
ter and  other  papers  of  vessels  entering  the  ports  of  such 
nation. 

It  shall  not  be  lawful  for  any  foreign  consul  to  deliver  to    k.s.,4'.>ii. 
the  master  of  any  foreign  vessel  tlic  legister  and  other 
papers  deposited  with  him  ])\irsnant  to  the  provisions  of 


150  PART  XIII. ENTRY  AND  CLEARANCE. 

the  preceding  section,  until  vsucli  master  shall  i)roduce  to 
him  a  clearance  in  due  form  from  tlie  collector  of  the  port 
where  such  vessel  has  been  entered.  Any  consul  offending 
against  the  provisions  of  this  section  shall  be  fined  not  less 
than  five  hundred  dollars  nor  more  than  five  thousand. 

K.s.,4213.  i^  shall  be  the  duty  of  all  masters  of  vessels  for  whom 

Juii6  26,i884.  g^jjy  QfQ(.i;^i  services  shall  be  performed  by  any  consular 
officer,  without  the  payment  of  a  fee,  to  require  a  written 
statement  of  such  services  from  such  consular  officer,  and, 
after  certifying  as  to  whetlier  such  statement  is  correct,  to 
furnish  it  to  the  collector  of  the  district  in  which  such  ves- 
sels shall  first  arrive  on  their  return  to  the  United  States; 
and  if  any  such  master  of  a  vessel  shall  fail  to  fnrnish  such 
statement,  he  shall  be  liable  to  a  fine  of  not  exceeding  fifty 
dollars,  unless  such  master  shall  state  under  oath  that  no 
such  statement  was  furnished  him  by  said  consular  officer. 
And  it  shall  be  the  duty  of  every  collector  to  forward  to 
the  Secretary  of  the  Treasury  all  such  statements  as  shall 
have  beeu  furnished  to  him,  and  also  a  statement  of  all 
certified  invoices  which  shall  have  come  to  his  ofldce,  giving 
the  dates  of  the  certificates,  and  the  names  of  the  persons 
for  whom  and  of  the  consular  oflflcer  by  whom  the  same 
were  certified. 

179.  War  documents ;  passports;  sea-letters. 

R.s.,4:!oo.  Every  vessel  of  the  United  States,  going  to  any  foreign 

country,  shall,  before  she  departs  from  the  United  States, 
at  the  request  of  the  master,  be  furnished  by  the  collector 
for  the  district  where  such  vessel  may  be,  with  a  passport, 
the  form  for  which  shall  be  prescribed  by  the  Secretary  of 
State.  In  order  to  be  entitled  to  such  passport,  the  master 
of  every  such  vessel  shall  be  bound,  with  sufficient  sure- 
ties, to  the  Treasurer  of  the  United  States,  in  the  penalty 
of  two  thousand  dollars,  conditioned  that  the  ])assport 
shall  not  be  applied  to  the  use  or  protection  of  any  other 
vessel  than  the  one  described  in  it;  and  that,  in  case  of 
the  loss  or  sale  of  any  vessel  having  such  passport,  the 
same  shall,  within  three  months,  be  delivered  up  to  the 
collector  from  whom  it  was  received,  if  tlie  loss  or  sale  take 
place  within  the  United  States;  or  within  six  months,  if 
the  same  shall  happen  at  any  ])lace  nearer  than  the  Cape 
of  Good  Hope;  and  withiu  eighteen  months,  if  at  a  more 
distant  place. 

K.s.,4307.  If  any  vessel  of  the  United  States  shall  depart  there- 

from, and  shall  be  bound  to  any  foreign  country,  other 
than  to  some  port  in  America,  without  such  passport,  the 
master  of  such  vessel  shall  be  liable  to  a  penalty  of  two 
hundred  dollars  for  every  such  offense. 

R.s.,4308.  Every  unregistered   vessel  owned  by  a  citizen  of  the 

United  States,  and  sailing  with  a  sea-letter,  going  to  any 
foreign  country,  shall,  before  she  departs  from  the  United 
States,  at  the  request  of  the  master,  be  furnished  by  the 
collector  of  the  district  w  here  such  vessel  may  be  with  a 
passport,  for  which  the  master  shall  be  subject  to  the  rules 
and  conditions  prescribed  for  vessels  of  the  United  States. 


PART    XIIT. — ENTRY    AND    Cr.EARANCE.  151 

Every  master  of  ;i  vessel,  beloiijjiiijj:  to  citizens  of  the  h.  s..4;«)9. 
United  States,  wlio  shall  sail  fr<»:ii  any  port  of  the  llnite*! 
States,  shall,  on  his  arrival  at  a  foreign  i)ort.  deposit  his 
register,  sea-letter,  and  IMcditerraDean  i)assport  with  the 
consul,  vice-consul,  commercial  agent,  oi-  vice coramercial 
agent,  if  any  there  be  at  such  i)ort;  iind  it  shall  be  the 
duty  of  such  consul,  vice  consul,  commercial  agent,  or  vice- 
commercial  agent,  on  such  master  or  commander  producing 
to  him  a  clearance  from  the  ])roper  ofticer  of  the  port  where 
his  vessel  may  be,  to  deliver  to  the  master  all  of  his  papera, 
if  such  master  or  commander  has  complied  with  the  pro- 
visions of  law  relatiug  to  the  discharge  of  seamen  in  a 
foreign  country,  and  to  the  payment  of  the  fees  of  consular 
officers. 

Every  master  of  any  such  vessel  who  refuses  or  neglects  ks.,43io. 
to  dei)osit  the  papers  as  required  by  the  ])receding  section, 
shall  be  liable  to  a  penalty  of  five  hundred  dollars,  to  be 
recovered  by  such  consul,  vice  consul,  commercial  agent, 
or  vice-commercial  agent,  in  his  own  name,  for  the  benelit 
of  the  United  States,  in  any  court  of  competent  jurisdiction. 

180.  Illegal  boarding  of  vessel. 

Every  person  who,  not  being  in  the  United  States  service,  ^-  ''•'  ■*^*"*- 
and  not  being  duly  authorized  by  law  for  the  purpose,  goes 
on  board  any  vessel  about  to  arrive  at  the  ])lace  of  her  des- 
tination, before  her  actual  arrival,  and  before  she  has  been 
completely  moored,  without  permission  of  the  master,  shall, 
for  every  such  offense,  be  punishable  by  a  fine  of  not  more 
than  two  hundred  dollars,  and  by  imprisonment  for  not 
more  than  six  months;  and  the  master  of  such  vessel  may 
take  any  such  person  so  going  on  board  into  custody,  and 
deliver  him  uji  forthwith  to  any  constable  or  police  officer, 
to  be  by  him  taken  before  any  justice  of  the  ])eace,  to  be 
dealt  with  according  to  the  provisions  of  this  Title  [11.  S., 
4501-4613J. 


Part  XIV.— CUSTOMS  LAWS  DIRECTLY  RELATING 

TO  VESSELS. 


181.  Boardinij  and  search  of  vessel. 

182.  Seizure  of  vessels  or  merchandise. 

183.  Exemption  from  forfeiture. 

184.  Procedure  in  cases  of  fines,  penal- 

ties, and  forfeiture. 

185.  Moil-ties,  informers',    and    customs 

officers'  awards. 


186.  Procedure. 

187.  Limitation  of  time. 

188.  Bonded  warehouses. 

189.  Oaths  of  masters  and  owners. 


R.S.,  30,59. 


R.S.,3060. 


R.  S.,  3067 


R.  S.,3068. 


152 


181.  Boarding  and  search  of  vessel. 

It  shall  be  lawful  for  any  officer  of  the  customs,  includ- 
ing inspectors  and  occasional  inspectors,  or  of  a  revenue- 
cutter,  or  authorized  agent  of  the  Treasury  Department,  or 
other  person  specially  appointed  for  the  purpose  in  writing 
by  a  collector,  naval  officer,  or  surveyor,  to  go  on  board  of 
any  vessel,  as  well  without  as  within  his  district,  and  to 
inspect,  search,  and  examine  the  same,  and  any  person, 
trunk,  or  envelope  on  board,  and  to  this  end  to  hail  and 
stop  such  vessel  if  under  way,  and  to  use  all  necessary 
force  to  compel  compliance;  and  if  it  shall  appear  that  any 
breach  or  violation  of  the  laws  of  the  United  States  has 
been  committed,  wherel)y  or  in  consequence  of  which  such 
vessel,  or  the  merchandise,  or  any  part  thereof,  on  board  of 
or  imi)orted  by  such  vessel,  is  liable  to  forfeiture,  to  make 
seizure  of  the  same,  or  either  or  any  part  thereof,  and  to 
arrest,  or  in  case  of  esca[)e,  or  any  attempt  to  escape,  to 
pursue  and  arrest  any  person  engaged  in  such  breach  or 
violation. 

The  original  appointment  in  writing  of  any  person  spe- 
cially appointed  under  the  provisions  of  the  previous  section 
shall  be  tiled  in  the  custom-house  where  such  appointment 
is  made. 

It  shall  be  lawful  for  all  collectors,  naval  officers,  survey- 
ors, insjiectors,  and  the  officers  of  the  revenue-cutters,  to 
go  on  board  of  vessels  in  any  port  of  the  United  States,  or 
within  four  leagues  of  the  coast  thereof,  if  bound  to  the 
United  States,  whether  in  or  out  of  their  resjiective  dis- 
tricts, for  the  ])urpose  of  demanding  the  manifests,  and  of 
examining  and  searching  the  vessels;  and  those  officers 
respectively  shall  have  free  access  to  the  cabin  and  every 
other  part  of  a  vessel. 

If  any  master  of  a  vessel  coming  into  or  having  arrived 
at  any  port  within  the  United  States  shall  obstruct  or 
hinder  or  shall  intentionally  cause  any  obstruction  or  hin- 


PART    XIV. — CUSTOMS    LAWS    RELATING   TO    VESSELS.  153 

drauce  to  any  officer  in  lawfully  goiiij;'  oii  board  such  vessel 
for  the  purpose  of  carrying  into  eticct  any  of  tlic  revenue 
laws  of  the  United  States,  lie  shall  for  every  such  otl'ense 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dollars 
nor  less  than  tifty  dollars. 

If  any  box,  trunk,  chest,  cask,  or  other  package  shall  be  k.s.,3089. 
found  in  the  cabin,  steerage,  or  forecastle  of  a  vessel,  or  in 
any  other  ])]a('e  separate  from  the  residue  of  the  cargo,  the 
officer  of  the  customs  shall  take  a  ])articular  account  of  such 
package,  and  of  the  marks  and  numbers  thereof,  if  any, 
and  a  description  thereof,  and,  if  he  judges  ])roper,  shall 
seal  every  such  package;  and  such  account  and  description 
shall  be  by  him  forwarded  without  delay  to  the  collector  of 
the  district  to  which  such  vessel  is  bound.  If  upon  her 
arrival  at  the  port  of  her  entry,  the  packages  so  described, 
or  any  of  them,  are  missing,  or  if  any  seal  ])ut  thereon  has 
been  broken,  the  master  shall  be  liable  to  a  ])enalty  for 
every  package  missing,  or  on  which  any  seal  shall  be  broken, 
of  two  hundred  dollars. 

Every  olticer  or  other  person  authorized  to  make  searches  k.  s.,  3071. 
and  seizures  by  this  Title  [  K.  S.,  2517-31159]  shall,  at  the  time 
of  executing  any  of  the  ])Owers  conferred  upou  him,  make 
known,  upon  being  questioned,  his  character  as  an  officer 
or  agent  of  the  customs  or  Government,  and  shall  have 
authority  to  demand  of  any  person  within  the  distance  of 
three  miles  to  assist  him  in  making  any  arrests,  search,  or 
seizure  authorized  by  this  Title,  where  such  assistance  may 
be  necessary;  and  if  such  person  shall,  without  reasonable 
excuse,  neglect  or  refuse  so  to  assist,  ui)on  proper  demand, 
he  shall  be  deemed  guiltj^  of  a  misdemeanor,  punishable  by 
a  fine  of  not  more  than  two  hundred  dollars,  nor  less  than 
five  dollars. 

182.  Seizure  of  vessels  or  merchandise. 

It  shall  be  the  duty  of  the  several  officers  of  the  customs    us.,  3072 
to  seize  and  secure  any  vessel  or  merchandise  which  shall 
become  liable  to  seizure  by  virtue  of  any  law  respecting 
the  revenue,  as  well  without  as  withiu  their  respective  dis- 
tricts. 

If  any  officer,  or  other  person,  executing  or  aiding  or  k.  s.,  3073. 
assisting  in  the  seizure  of  goods,  under  any  act  j)roviding 
for  or  regulating  the  collection  of  duties  on  imports  or  ton- 
nage, is  sued  for  anything  done  in  virtue  of  the  powers 
given  thereby,  or  by  virtue  of  a  warrant  granted  by  any 
judge,  or  Justice,  pursuant  to  law.  he  may  plead  the  general 
issue  and  give  such  act  and  the  special  matter  in  evidence. 

In  all  cases  of  seizure  of  i)ro|)erty  subject  to  forfeiture  us.,  3074. 
for  any  of  the  causes  named  in  any  provision  of  law  relat- 
ing to  the  customs,  or  for  the  registering,  enrolling,  or 
licensing  of  vessels,  when,  in  the  ojjinion  of  the  collector 
or  other  i)rincipal  officer  of  the  revenue  making  such  seiz- 
ure, the  value  of  the  i)ioperty  seized  does  not  exceed  five 
hundred  dollars,  he  shall  cause  a  list  and  ])articular  descrip- 
tion of  the  property  seized  to  be  prepared  in  duplicate. 


154         PART    XIV. CUSTOMS    LAWS    RELATING    TO    VESSELS. 

and  an  appraisement  of  tlie  same  to  be  made  by  two  sworn 
appraisers  under  the  revenue  laws,  if  there  are  such  apprais- 
ers at  or  near  the  place  of  seizure;  but  if  there  are  no  such 
appraisers,  tlien  by  two  comj^etent  and  disinterested  citi- 
zens of  the  United  States,  to  be  selected  by  him  for  that 
purpose,  residing  at  or  near  the  placeof  seizure;  which  list 
and  api)raisement  shall  be  properly  attested  by  such  col- 
lector or  other  oflicer  and  the  ])ersoiis  making  the  appraisal. 
For  such  services  of  the  appraisers  they  shall  be  allowed 
out  of  the  revenue  one  dollar  and  fifty  cents  each,  for  every 
day  necessarily  employed  in  such  service. 

R. s.,3075.  If  the  amount  of  the  appraisal  of  property  so  seized  as 

forfeited  shall  not  exceed  the  sum  of  five  hundred  dollars, 
the  collector  or  other  principal  officer  shall  publish  a  notice 
once  a  week  for  three  successive  weeks  in  some  newspaper 
of  the  county  or  place  where  such  seizure  shall  have  been 
made,  if  any  newspaper  shall  be  published  in  such  county; 
but  if  no  newspaper  shall  be  published  in  such  connty,  then 
such  notice  shall  be  published  in  some  newspaper  of  the 
county  in  which  the  j)riucipal  customs  office  of  the  district 
shall  be  situated ;  and  if  no  newspaper  shall  be  published 
in  such  county,  then  notices  shall  be  posted  in  pi^oper  public 
idaces,  which  notices  shall  describe  the  articles  seized,  and 
state  the  time,  cause,  and  place  of  seizure,  and  shall  require 
any  person  claiming  such  articles  to  appear  and  file  \vith 
such  collector  or  other  officer  his  claim  to  such  articles 
within  twenty  days  from  the  date  of  the  first  publication 
of  such  notice. 

B.s.,3076.  Any  person  claiming  the  property  so  seized  may,  at  any 

time  within  twenty  days  from  the  date  of  such  i^ublication, 
file  with  the  collector  or  other  officer  a  claim,  stating  his 
interest  in  the  articles  seized,  and,  upon  depositing  with 
such  collector  or  other  officer  a  bond  to  the  United  States 
in  the  penal  sum  of  two  hundred  and  fifty  dollars,  with 
two  sureties,  to  be  approved  by  such  collector  or  other 
officer,  conditioned  that,  iu  case  of  the  condemnation  of 
the  articles  so  claimed,  the  obligors  shall  pay  all  the  costs 
and  expenses  of  the  proceedings  to  obtain  such  condemna- 
tion. Such  collector  or  other  officer  shall  transmit  the 
same,  with  the  duplicate  list  and  description  of  the  articles 
seized  and  claimed,  to  the  United  States  district  attorney 
for  the  district,  w)io  shall  proceed  for  a  condemnation  of 
the  property  in  the  ordinary  mode  jirescribed  by  law. 

E.s.,3077.  If  no  such  claim  shall  be  filed  or  bond  given  within  the 

twenty  days  above  sj)ecified,  such  collector  or  other  officer 
shall  give  not  less  than  fifteen  days'  notice  of  the  sale  of 
the  property  so  seized,  by  publication  in  the  manner  before 
mentioned;  and,  at  the  time  and  place  specified  iu  such 
notice,  he  shall  sell  at  public  auction  the  property  so  seized, 
and  shall  deposit  the  proceeds,  after  deducting  the  actual 
expenses  of  such  seizure,  publication,  and  sale,  in  the 
Treasury  of  the  United  States,  as  shall  be  directed  by  the 
Secretary  of  the  Treasury.  The  collector,  however,  shall 
have  power  to  adjourn  such  sale  from  time  to  time  for  a 
period  not  exceeding  thirty  days  in  all. 


PART    XIV. (JITSTOMS    LAWS    KELATING    TO    VESSELS.  ir)5 

Any  person  claiinin^  to  be  interested  in  the  property  sold  k.  s.aoTs. 
under  the  jjrovisions  of  tlie  preceding-  section  may,  within 
three  montlis  after  such  sale,  apply  to  the  Secretary  of  the 
Treasury  for  a  remission  of  the  forfeiture  and  a  restoration 
of  the  i)roceeds  of  such  sale,  and  the  same  may  be  granted 
by  the  Secretary  upon  satisfactory  proof,  to  be  furnished 
in  such  manner  as  he  sliall  direct,  that  the  applicant,  at 
the  time  of  the  seizure  and  sale  of  the  i)roperty  in  ques- 
tion, did  not  know  of  the  seizure,  and  was  in  such  circum- 
stances as  jtrevented  him  from  knowing  of  the  same,  and 
that  such  forfeiture  was  incurred  without  willful  negligence 
or  any  intention  of  fiaud  on  the  part  of  the  owner  of  such 
property. 

If  no  application  for  such  remission  or  restoration  shall  k. s.,3079. 
be  made  within  three  months  after  such  sale,  the  Secretary 
of  the  Treasury  shall  then  cause  the  proceeds  of  such  sale 
to  be  distributed  in  the  same  manner  as  if  such  property 
had  been  condemned  and  sold  in  pursuance  of  a  decree  of 
a  competent  court. 

Whenever  seizure  shall  be  made  of  any  property  which,  k.s.,308o. 
in  the  opinion  of  the  appraisers,  is  liable  to  perish  or 
waste,  or  to  be  greatly  reduced  in  value  by  keeping,  or 
which  cannot  be  kept  without  great  disproportionate 
expense,  whether  such  property  consists  of  live  animals  or 
merchandise,  and  when  the  property  thus  seized  shall  not 
exceed  live  hundred  dollars  in  value,  and  when  no  claim 
shall  have  been  interposed  therefor  as  is  hereinbefore  pro- 
vided, the  api)raisers,  if  requested  by  the  collector  or 
principal  officer  making  the  seizure,  at  the  time  when  such 
appraisal  is  made,  shall  certify  on  oath  in  their  appraisal 
their  belief  that  the  property  seized  is  liable  to  si)eedy 
deterioration,  or  that  the  expenses  of  its  keeping  will 
largely  reduce  the  net  proceeds  of  the  sale;  and  in  case  the 
appraisers  thus  certify,  such  collector  or  other  officer  may 
l)roceed  to  advertise  and  sell  the  same  at  auction,  by  giving 
notice  for  such  time  as  he  may  think  reasonable,  but  not 
less  than  one  week,  of  such  seizure  and  intended  sale,  by 
advertisenent  as  is  hereinbefore  provided;  and  the  i)ro- 
ceeds  of  such  sale  shall  be  deposited  to  the  credit  of  the 
Treasurer  of  the  United  States,  subject,  nevertheless,  to  the 
payment  of  such  claims  as  shall  be  presented  within  three 
months  from  the  day  of  sale,  and  allowed  by  the  Secretary 
of  the  Treasury. 

The  collectors  of  the  several  districts  of  the  United  iis.,308i. 
States,  in  all  cases  of  seizure  of  any  merchandise  for  viola- 
tion of  the  revenue  laws,  the  appraised  value  of  which,  in 
the  district  wherein  such  seizure  shall  be  made,  does  not 
exceed  one  thousand  dollars,  are  hereby  authorized,  sub- 
ject to  the  approval  of  the  Secretary  of  the  Treasury,  to 
release  such  nierchandise  on  payment  of  the  appraised 
value  thereof. 

Whenever  any  seizure  shall  be  made  for  tlie  i)urpose  of   ^s-sosa. 
enforcing  any  forfeiture,  the  collector  or  other  person  caus- 
ing such  seizure  to  be  made  shall  immediately  give  infor- 
mation thereof  to  the  Solicitor  of  the  Treasury. 


15G  PART    XIV. CUSTOMS    LAWS    RELATING    TO    VESSELS. 

K.s.,3086.  ^\\  merchandise  or  property  of  auy  kind  seized  under 

the  i)rovisions  of  any  law  of  the  United  States  relating  to 
the  customs,  shall,  unless  otherwise  provided  for  by  law, 
be  placed  and  renniiii  in  the  custody  of  the  collector  or 
other  principal  officer  of  the  customs  of  the  district  in 
which  the  seizure  shall  be  made,  to  abide  adjudication  by 
the  proper  tribunal,  or  other  disposition  according  to  law. 

183.  Exemption  from  forfeiture. 

K.  s.,;!063.  No  railway-car  or  engine  or  other  vehicle,  or  team,  used 

by  any  person  or  corporation,  as  common  carriers,  in  the 
transaction  of  their  business  as  such  common  carriers,  shall 
be  subject  to  forfeiture  by  force  of  the  provisions  of  this 
Title  [R.  S.,  2517-3129]  unless  it  shall  appear  that  the  owner, 
superintendent,  or  agent  of  the  owner  in  charge  thereof  at 
the  time  of  such  unlawful  importation  or  transportation 
theron  or  thereby  was  a  consenting  party,  or  privy  to  such 
illegal  importation  or  transportation. 

Feb  8,1881.  No  vcsscl  uscd  by  any  person  or  corporation,  as  common 

carriers,  in  the  transaction  of  their  business  as  such  com- 
mon carriers,  shall  be  subject  to  seizure  or  forfeiture  by 
force  of  the  provisions  of  Title  thirty-four  [R.  S.,  2517-3129] 
of  the  Eevised  Statutes  of  the  United  States  unless  it  shall 
appear  that  the  owner  or  master  of  such  vessel  at  the  time 
of  the  alleged  illegal  act  was  a  consenting  party  or  privy 
thereto. 

184.  Procedure  in  cases  of  fines,  penalties,  and  forfeiture. 

R.s.,3084.  The  several  collectors  of  customs  shall  report  within  ten 

days  to  the  district  attorney  of  the  district  in  which  any 
tine,  penalty,  or  forfeiture  may  be  incuri  ed  for  the  violation 
of  any  law  of  the  United  States  relating  to  the  revenue,  a 
statement  of  all  the  facts  and  circumstances  of  the  case 
within  tlieir  knowledge,  or  which  may  come  to  their  knowl- 
edge from  time  to  time,  stating  the  names  of  the  witnesses, 
and  the  provisions  of  the  law  believed  to  be  violated,  and 
on  which  a  reliance  may  be  had  for  condemnation  or  con- 
viction. If  any  collector  shall  in  any  case  fail  to  report  to 
the  proper  district  attorney,  as  prescribed  in  this  section, 
such  collector's  right  to  any  compensation,  benefit,  or 
allowance  in  such  case  shall  be  forfeited  to  the  United 
States,  and  the  same  may,  in  the  discretion  of  the  Secre- 
tary of  the  Treasury,  be  awarded  to  such  persons  as  may 
make  complaint  and  prosecute  the  same  to  judgment  or 
conviction. 

R.  s.,  3085.  District  attorneys,  upon  receiving  the  report  of  a  col- 

lector, shall  cause  suit  nnd  prosecution  to  be  commenced 
and  prosecuted  without  delay  for  the  lines  and  personal 
l)enalties  by  law  in  such  case  provided,  unless  upon 
inquiry  and  examination  they  shall  decide  that  a  conviction 
(;annot  i)robably  be  obtained,  or  that  the  ends  of  public 
justice  do  not  require  that  a  suit  or  i)rosecution  should  be 
instituted,  in  which  case  they  shall  rei)ort  the  facts  to  the 
Secretary  of  the  Treasury  for  his  direction.  For  expenses 
incurred  and  services  rendered  in  prosecutions  for  such 


PART    XIV. CUSTOMS    LAWS    RELATING    TO    VESSELS.  157 

fiues  and  personal  penalties,  they  shall  receive  such  allow- 
ance as  the  Secretary  of  the  Treasury  shall  deem  just  and 
reasonable,  ui)ou  the  certiticate  of  the  judge  before  whom 
such  prosecution  was  had. 

The  colle(;tor  within  whose  district  any  seizure  shall  be  n.s.sos?. 
made  or  forfeiture  incurred  for  any  violation  of  the  duty 
laws  is  hereby  enjoined  to  cause  suits  for  the  same  to  be 
commenced  without  delay,  and  prosecuted  to  etfect;  and  is, 
moreover,  authorized  to  receive  from  the  court  within  which 
such  trial  is  had,  or  from  the  proper  ollicer  thereof,  the 
sum  recovered,  after  deducting  all  proper  charges  to  be 
allowed  by  the  court;  and  on  receipt  thereof  he  shall  pay 
and  distribute  the  same  without  delay,  according  to  law. 

Whenever  a  vessel,  or  the  owner  or  master  of  a  vessel,  R.s.,3088. 
has  become  subject  to  a  penalty  for  a  violation  of  the  rev- 
enue laws  of  the  United  States,  such  vessel  shall  be  holden 
for  the  payment  of  such  penalty,  and  may  be  seized  and 
proceeded  against  summarily  by  libel  to  recover  such 
penalty. 

Whenever  a  seizure,  condemnation,  and  sale  of  mer-  r.s.,3089. 
chandise  takes  jdace  within  the  United  States,  and  the 
value  thereof  is  less  than  two  hundred  and  titty  dollars, 
that  part  of  the  forfeiture  which  accrues  to  the  United 
States,  or  so  much  thereof  as  may  be  necessary,  shall  be 
applied  to  the  payment  of  the  cost  of  the  prosecution. 

185.  Moieties,  informers'  and  customs  officers'  awards. 

All  provisions  of  law  under  which  moieties  of  any  fines,    June  22,1874. 
penalties,  or  forfeitures,  under  the  customs-revenue  laws,    sec.2. 
or  any  share  therein,  or  commission  thereon,  are  paid  to 
informers,  or  ofiBcers  of  customs,  or  other  officers  of  the 
United  States,  are  hereby  repealed;  and  from  and  after  the 
date  of  the  passage  of  this  act  the  proceeds  of  all  such    juneio,  isoo. 
fines,  penalties,  and  forfeitures  shall  be  paid  into  the  Treas-    sec.  29. 
ury  of  the  United  States. 

It  shall  hereafter  be  the  duty  of  the  Secretary  of  the    juue  22,18-4. 
Treasury,  out  of  any  money  specifically  appropriated  by    sec.3. 
Congress,  to  make  suitable  compensation  in  certain  cases 
under  the  customs  revenue  laws,  as  hereinafter  provided, 
and  not  otherwise;  and  he  shall  annually  report  to  Con- 
gress, in  detail,  all  payments  by  him  for  such  purpose. 

Whenever  any  officer  of  the  customs  or  other  person  see. 4. 
shall  detect  and  seize  goods,  wares,  or  merchandise,  in  the 
act  of  being  smuggled,  or  which  have  been  smuggled,  he 
shall  be  entitled  to  such  com])eiisation  therefor  as  the  Sec- 
retary of  the  Treasury  shall  award,  not  exceeding  in  amount 
one  half  of  the  net  proceeds,  if  any,  resulting  from  such 
seizure,  and  deducting  all  duties,  costs,  and  charges  con- 
nected therewith: 

Provided.,  That  for  the  purposes  of  this  act  smuggling 
shall  be  construed  to  mean  the  act,  with  intent  to  defraud, 
of  bringing  into  the  United  States,  or,  with  like  intent, 
attempting  to  bring  into  the  United  States,  dutiable  articles 
without  passing  the  same,  or  the  ])ackage  containing  the 


158  PART    XIV. CUSTOMS    LAWS    RELATING    TO    VESSELS. 

same,  through  the  custom  liouse,  or  submitting  them  to  the 
officers  of  the  revenue  for  examination.  And  whenever 
any  person  not  an  officer  of  the  United  vStates  shall  furnish 
to  a  district  attorney,  or  to  any  chief  officer  of  the  customs, 
original  information  concerning  any  fraud  upon  thecustoms- 
reveuue,  i)erpetrated  or  contemplated,  which  shall  lead  to 
the  recovery  of  any  duties  withheld,  or  of  any  fine,  penalty, 
or  forfeiture  incurred,  whether  by  importers  or  their  agents, 
or  by  any  officer  or  person  employed  in  the  customs-service, 
such  compensation  may,  on  such  recovery,  be  })aid  to  such 
person  so  furnishing  information  as  shall  be  just  and  rea- 
sonable, not  exceeding  in  any  case  the  sum  of  five  thousand 
dollars;  which  compensation  shall  be  paid,  under  the  direc- 
tion of  the  Secretary  of  the  Treasury,  out  of  any  money 
appropriated  for  that  purpose. 

Sec. 6.  No  payment  shall  be  made  to  any  person  furnishing 

information  in  any  case  wherein  judicial  proceedings  shall 
have  been  instituted,  unless  his  claim  to  compensation 
shall  have  been  established  to  the  satisfaction  of  the  court 
or  judge  having  cognizance  of  such  proceedings,  and  the 
value  of  his  services  duly  certified  by  said  court  or  judge 
for  the  information  of  the  Secretary  of  the  Treasury  5  but 
no  certificate  of  the  value  of  such  services  shall  be  conclu- 
sive of  the  amount  thereof.  And  when  any  fine,  penalty, 
or  forfeiture  shall  be  collected  without  judicial  proceed- 
ings, the  Secretary  of  the  Tieasury  shall,  before  direct- 
ing payment  to  any  person  claiming  such  compensation, 
require  satisfactory  proof  that  such  person  is  justly  entitled 
thereto. 

Sec.  7.  Except  in  cases  of  smuggling  as  aforesaid,  it  shall  not  be 

lawful  for  any  officer  of  the  United  States,  under  any  pre- 
tense whatever,  directly  or  indirectly,  to  receive,  accept,  or 
contract  for  any  ijortion  of  the  money  which  may,  under 
any  of  the  provisions  of  this  or  any  other  act,  accrue  to  any 
such  person  furnishing  information;  and  any  such  officer 
who  shall  so  receive,  accept,  or  contract  for  any  portion  of 
the  money  that  may  accrue  as  aforesaid  shall  be  guilty  of 
a  misdemeanor,  and,  on  conviction  thereof,  shall  be  liable 
to  a  fine  not  exceeding  five  thousand  dollars,  or  imprison- 
ment for  not  more  than  one  year,  or  both,  in  the  discretion 
of  the  court,  and  shall  not  be  thereafter  eligible  to  any 
office  of  honor,  trust,  or  emolument. 

And  any  such  person  so  furnishing  information  as  afore- 
said, who  shall  pay  to  any  such  officer  of  the  United  States, 
or  to  any  person  for  his  use,  directly  or  indirectly,  any  por- 
tion of  said  money,  or  any  other  valuable  thing,  on  account 
of  or  because  of  such  money,  shall  have  a  riglit  of  action 
against  such  officer  or  other  person,  and  his  legal  repre- 
sentatives, to  recover  back  the  same,  or  the  value  thereof. 

Sec.8.  No  officer,  or  other  person  entitled  to  or  claiming  com- 

pensation under  any  provision  of  this  act,  shall  be  thereby 
discpialified  from  becoming  a  witness  in  any  action,  suit, 
or  i^roceeding  for  the  recovery,  mitigation,  or  remission 
thereof,  but  shall  be  subject  to  examination  and  cross- 
examination  in  like  manner  with  other  witnesses,  without 


PART    XIV. — CUSTOMS    LAWS    RELATING    TO    VESSELS.  159 

being  thereby  deprived  of  any  right,  title,  vsharo,  or  interest 
in  any  tine,  penalty,  or  forfeitnre  to  which  such  examination 
may  relate;  and  in  every  such  case  the  deleudant  or  defend- 
ants may  appear  and  testily  and  be  examined  and  cross- 
examined  in  lilce  manner. 

186.  Procedure. 

In  all  suits  and  proceedings  other  than  criminal  arising  Jnne22,i874. 
under  any  of  the  revenue-laws  of  the  United  States,  the  ^''*'" 
attorney  representing  the  Government,  whenever,  in  his 
belief,  any  business  book,  invoice,  or  pai)er,  belonging  to 
or  under  the  control  of  the  defendant  or  claimant,  will  tend 
to  prove  any  allegation  made  by  the  United  States,  may 
make  a  written  motion,  particularly  describing  such  book, 
invoice,  or  paper,  and  setting  forth  the  allegation  which 
he  expects  to  prove;  and  thereupon  the  court  in  which 
suit  or  proceeding  is  pending  may,  at  its  discretion,  issue 
a  notice  to  the  defendant  or  claimant  to  produce  such  book, 
invoice,  or  paper  in  court,  at  a  day  and  hour  to  be  specitied 
in  said  notice,  which,  together  with  a  copy  of  said  motion, 
shall  be  served  formally  on  the  defendant  or  claimant  by 
the  United  States  marshal  by  delivering  to  him  a  certified 
copy  thereof,  or  otherwise  serving  the  same  as  original 
notices  of  suit  in  the  same  court  are  served;  and  if  the 
defendant  or  claimant  shall  fail  or  refuse  to  produce  such 
book,  invoice,  or  paper  in  obedience  to  such  notice,  the 
allegations  stated  in  the  said  motion  shall  be  taken  as  con- 
fessed unless  his  failure  or  refusal  to  produce  the  same  shall 
be  explained  to  the  satisfaction  of  the  court.  And  if  pro- 
duced, the  said  attorney  shall  be  permitted,  under  the 
direction  of  the  court,  to  make  examination  (at  which 
examination  the  defendant  or  claimant,  or  his  agent,  may 
be  present)  of  such  entries  in  said  book,  invoice,  or  paper 
as  relate  to  or  tend  to  prove  the  allegation  aforesaid,  and 
may  offer  the  same  in  evidence  on  behalf  of  the  United 
States.  But  the  owner  of  said  books  and  papers,  his  agent 
or  attorney,  shall  have,  subject  to  the  order  of  the  court, 
the  custody  of  them,  except  pending  their  examination  in 
court  as  aforesaid. 

It  shall  be  the  duty  of  any  officer  or  person  employed  in  secis. 
the  customs  revenue  service  of  the  United  States,  upon 
detection  of  any  violation  of  the  customs  laws,  forthwith 
to  make  complaint  thereof  to  the  collector  of  the  district, 
whose  duty  it  shall  be  promptly  to  report  the  same  to  the 
district  attorney  of  the  district  in  which  such  frauds  shall 
be  committed.  Immediately  upon  the  receipt  of  such  com- 
plaint, if,  in  his  judgment,  it  can  be  sustained,  it  shall  be 
the  duty  of  such  district  attorney  to  cause  investigation 
into  the  facts  to  be  made  before  a  United  States  commis- 
sioner having  jurisdiction  thereof,  and  to  initiate  i)roi)er 
proceedings  to  recover  the  fines  and  penalties  in  the  ])rem- 
ises,  and  to  prosecute  the  same  with  the  utmost  diligence 
to  final  judgment. 

Whenever,   for  an   alleged    violation   of   the  customs-    sec.n. 
revenue  laws,  any  person  who  shall  l)e  charged  with  liav- 
ing  incurred   any   fine,  penalty,   forfeiture,  or  disability 


160         PART   XIV, — CUSTOMS   LA.WS    RELATING   TO    VESSELS. 

other  than  iinprisoiimeut,  or  shall  be  interested  in  any 
vessel  or  merchandise  seized  or  subject  to  seizure,  when 
the  appraised  value  of  such  vessel  or  merchandise  is  not 
less  than  one  thousand  dollars,  shall  jireseiit  his  petition 
to  the  Judge  of  the  district  in  which  the  alleged  violation 
occurred,  or  in  which  the  ])ioperty  is  situated,  setting  forth, 
truly  and  ])articularly,  the  facts  and  circumstances  of  the 
case,  and  i)raying  for  relief,  su(;h  judge  shall,  if  the  case, 
in  his  Judgment,  requires,  ])roceed  to  in(]uire,  in  a  summary 
manner  into  the  circumstaiu-es  of  the  case,  at  such  reason- 
able time  as  may  be  fixed  by  him  for  that  i)uriiose,  of  which 
the  district  attorney  and  tlie  collector  shall  be  notified  by 
the  petitioner,  in  order  that  they  may  attend  and  show 
cause  why  the  i)etition  should  be  refused. 

Sec.  18.  The  summary  investigation  hereby  provided  for  may  be 

held  before  the  Judge  to  whom  the  ])etition  is  jiresented, 
or  if  he  shall  so  direct,  before  any  United  States  commis- 
sioner for  such  district,  and  the  facts  appearing  thereon 
shall  be  stated  and  annexed  to  the  petition,  and,  together 
with  a  certified  copy  of  the  evidence,  transmitted  to  the 
Secretary  of  tlie  Treasury,  who  shall  thereupon  have  power 
to  mitigate  or  remit  such  fine,  penalty,  or  forfeiture,  or 
remove  such  disability,  or  any  part  thereof,  if,  in  his  opinion, 
the  same  shall  have  been  incurred  without  willful  Jiegli- 
gence  or  any  intention  of  fraud  in  the  person  or  persons 
incurring  the  same,  and  to  direct  the  ])rosecution,  if  any 
shall  have  been  instituted  for  the  recovei  y  thereof,  to  cease 
and  be  discontinued  upon  such  terms  or  conditions  as  he 
may  deem  reasonable  and  just. 

Sec.  19  It  shall  not  be  lawful  for  any  officer  or  officers  of  the 

United  States  to  compromise  or  abate  any  claim  of  the 
United  States  arising  under  the  customs  laws,  for  any  fine, 
penalty,  or  forfeiture  incurred  by  a  violation  thereof;  and 
any  officer  or  person  who  shall  so  comi)romise  or  abate  any 
such  claim,  or  attempt  to  make  such  compromise  or  abate- 
ment, or  in  any  manner  relieve  or  attempt  to  relieve  from 
such  fine,  penalty,  or  forfeiture,  shall  be  deemed  guilty  of  a 
felony,  and,  on  conviction  thereof,  shall  suffer  imprisonment 
not  exceeding  ten  years,  and  be  fined  not  exceeding  ten 
thousand  dollars. 

Jan. 22, 1875.  Nothing  iu  this  section  shall  be  construed  to  affect  any 
authority,  power,  or  right  which  might  theretofore  have 
been  lawfully  exercised  by  any  court,  judge,  or  district 
attorney  of  the  United  States  to  obtain  the  testimony  of 
an  accomplice  in  any  crime  against,  or  fraud  upon  the 
customs  revenue  laws,  on  any  trial  or  proceeding  for  a  fine, 
penalty,  or  forfeiture  under  said  laws,  by  a  discontinuance 
or  dismissal,  or  by  an  engagement  to  discontinue  or  dismiss 
any  proceedings  against  such  accom[)lice. 

jiine22, 1874.        Provided,  hoicever,  That  the  Secretary  of  the  Treasury 
Sec.  19.  shall  have  power  to  remit  any  fines,  lieualties,  or  forfei- 

tures, or  to  compromise  the  same,  in  accordance  with  exist- 
ing law. 

Sec.  20.  Whenever  any  application  shall  be  made  to  the  Secretary 

of  the  Treasury  for  the  mitigation  or  remission  of  any  fine, 


PART    XIV. CUSTOMS    LAWS    KELATlNc;    TO    VESSELS.  161 

penalty,  or  forfeiture,  or  the  refund  of  any  duties,  in  case 
the  amount  involved  is  not  less  tliau  one  thousand  dollars, 
the  applicant  shall  notify  tlie  district  attorney  and  the  col- 
lector of  customs  of  the  district  in  which  the  duties,  fine, 
penalty,  or  forfeiture  accrued;  and  it  shall  be  the  duty  of 
such  collector  and  district  attorney  to  furnish  to  the  Sec- 
retary of  the  Treasury  all  ])racticable  information  neces- 
sary to  enable  him  to  protect  the  interests  of  the  United 
States. 

187.  Limitation  of  time. 

Whenever  any  goods,  wares,  and  merchandise  shall  June  22, 1874. 
have  been  entered  and  passed  free  of  duty,  and  whenever  ^'^''-^i- 
duties  ni>on  any  imported  goods,  wares,  and  merchandise 
shall  have  been  liquidated  and  paid,  and  such  goods,  wares, 
and  merchandise  shall  have  been  delivered  to  the  owner, 
importer,  agent,  or  consignee,  such  entry  and  passage  free 
of  duty  and  such  settlement  of  duties  shall,  after  the  expi- 
ration of  one  year  from  the  time  of  entry,  in  the  absence 
of  fraud  and  in  the  absence  of  protest  by  the  owner,  im- 
porter, agent,  or  consignee,  be  final  and  conclusive  upon 
all  parties. 

No  suit  or  action  to  recover  any  pecuniary  penalty  or  for-    Sec.  22. 
feiture  of  property  accruing  under  the  customs  revenue  laws 
of  tlie  United  States  shall  be  instituted  unless  such  suit 
or  action  shall  be  commenced  within  three  years  after  the 
time  when  such  i^eualty  or  forfeiture  shall  have  accrued : 

Provided^  That  the  time  of  the  absence  from  the  United 
States  of  the  person  subject  to  such  penalty  or  forfeiture, 
or  of  any  concealment  or  absence  of  the  property,  shall 
not  be  reckoned  within  this  period  of  limitation. 

188.  Bonded  warehouses. 

The  Secretary  of  the  Treasury  shall,  from  time  to  time,  June  22,1874. 
make  such  regulations  as  he  may  deem  necessary  for  the  ^^-"^^ 
conduct  and  management  of  the  bonded  warehouses,  gen- 
eral-order stores,  and  other  dejiositories  of  the  imported 
merchandise  throughout  the  United  States;  all  regulations 
or  orders  issued  by  collectors  of  customs  in  regard  thereto 
shall  be  subject  to  revision,  alteration,  or  revocation  by 
him;  and  no  warehouse  shall  be  bonded  and  no  general- 
order  store  established  without  his  authority  and  approval. 
And  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury, 
in  granting  permits  to  establish  general-order  warehouses, 
to  require  such  warehouse  or  warehouses  to  be  located  con- 
tiguous, or  as  near  as  may  be,  to  the  landing  i)laces  of 
steamers  and  vessels  from  foreign  ports;  and  no  officer 
of  the  customs  shall  have  any  personal  ownership  of,  or 
interest  in,  any  bonded  warehouse  or  general-order  store. 

Public  cartage  of  merchandise  in  the  custody  of  the 
Government  shall  be  let  after  not  less  than  thirty  days' 
notice  of  such  letting  to  lowest  responsible  bidder  giving 
sufficient  security,  and  shall  be  subject  to  regulations 
approved  by  the  Secretary  of  the  Treasury. 
NAV  99,  PT  2 11 


Sec.  25. 


162         PART    XIV. CUSTOMS    LAWS    RELATING   TO   VESSELS. 

189,  Oaths  of  masters  and  owners. 

K.  s.,3094.  Nothing  contained  in  this  Title  [E.  S.,  2517-3094]  shall  be 

construed  to  exempt  the  masters  or  owners  of  vessels  from 
making  and  subscribing-  any  oaths  required  by  any  laws  of 
the  United  States  not  immediately  relating  to  the  collection 
of  the  duties  on  the  importation  of  merchandise  into  the 
United  States. 


Part  XV.— ENTRY  OF  MEKCIIANDISE. 


190.  Definitions. 

191.  Ports  of  entry. 

192.  Vessels  bound  to  port  of  delivery. 

193.  Report  and  declaration  of  master. 

194.  Special  inward  manifest  for  Treas- 

ury Department. 

195.  Cargo  in  bulk. 

196.  Bond  of  cargo  for  re-export. 

197.  Inspection  of  merchandise  laden  for 

export. 

198.  Transfer  of  imported  merchandiser 

for  export. 

199.  Delivery  of  cargo  in  various  dis- 

tricts. 

200.  Owner's  or  consignee's  entry  of  mer- 

chandise. 

201.  Vessels  exempt  from  entry. 

202.  Vessels  exempt  from  certain  charges. 

203.  Entry  of  wines  and  distilled  spirits. 

204.  Sea-stores. 

205.  Coal. 

206.  Baggage  of  passengers. 

207.  15aggage  and  tools  of  trade. 

208.  Marks,  brands,  and  trade-marks. 

209.  Cigars. 

210.  Oaths. 

211.  Inward  manifests. 

212.  Inspection  of  inward  manifest  by 

boarding  officer. 

213.  Entry   of   merchandise    at   special 

ports. 

214.  Clearance  at  special  ports. 


215.  Entry  of  merchandise  for  diflFerent 

port  of  destination. 

216.  Comparison  of  cargo  and  manifest. 

217.  Collection  of  duties. 

218.  Permit  to  deliver. 

219.  Preliminary  entry  and  unlading. 

220.  Illegal  unlading.' 

221.  Special  permit  to  unlade  by  night. 

222.  Unlading  by  day. 

223.  Supervision  of  unlading. 

224.  Limit  of  time  for  unlading. 

225.  Weighing,  gauging,  and  measuring. 

226.  Unlading  of  wine  and  spirits. 

227.  Post  entry. 

228.  Returns  of  unlading  of  cargo. 

229.  Vessels  in  distress. 

230.  Obstruction  by  ice. 

231.  Unlawful  removal  of  bonded  mer- 

chandise. 

232.  Transportation  in  bond. 

233.  Transportation  to  special  ports. 

234.  Immediate  delivery. 

235.  Immediate  transportation. 

236.  Salvage  of  nuirchandise. 

237.  Bond  of  firm  or  jiartiiership. 

238.  Refund  of  customs  duties. 

239.  Fraudulent    importation    of    mer- 

chandise. 

240.  Bribery  and  solicitation  of  bribes. 

241.  Express  packages. 

242.  Liens  for  freight  or  general  avcr- 


190.  Definitions. 

The  word  "merchandise,"  as  used  ia  this  Title  [E.  S.,    ks,2766. 
2517-3129],  may  include  goods,  wares,  and  chattels  of  every 
description  capable  of  beiug  imported. 

The  word  "port,"  as  used  in  this  Title  [R.  S.,  2517-3129], 
may  include  any  place  from  which  merchandise  can  be 
shipped  for  importation,  or  at  which  merchandise  can  be 
imported. 

The  word  "master,"  as  used  in  this  Title  fK.  S.,  2517- 
3120],  may  include  any  person  having  the  chief  charge  or 
command  of  the  employment  and  navigation  of  a  vessel. 

In  cases  where  the  forms  of  official  documents,  as  i)re- 
scribed  by  this  Title  [K.  S.,  2517-3120],  shall  be  substan- 
tially complied  with  and  observed,  according  to  the  true 
intent  thereof,  no  penalty  or  forfeiture  shall  be  incurred  by 
a  deviation  therefrom. 

163 


K.S.,2767. 


U.  S.,  2768. 


U.  .S.,  2709. 


164  PART  XV. ENTRY  OF  MERCHANDISE. 

191.  Ports  of  entry. 

R.s.,2770.  It  shall  not  be  lawful  to  make  entry  of  any  vessel  which 

shall  arrive  within  the  United  States,  from  any  foreign 
port,  or  of  the  cargo  on  board  such  vessel,  elsewhere  than 
at  one  of  the  ports  of  entry  designated  in  chapter  one 
[R.  S.,  2517-2G121  of  this  Title  [Vi.  S.,  2517-3129];  nor  to 
unlade  the  cargo,  or  any  part  thereof,  elsewhere  than  at 
one  of  the  ports  of  delivery  therein  designated,  except  that 
every  port  of  entry  shall  be  also  a  port  of  delivery.  This 
section  shall  not  prevent  the  master  or  commander  of  any 
vessel  from  making  entry  with  the  collector  of  any  district 
in  which  such  vessel  may  be  owned,  or  from  which  she  may 
have  sailed  on  the  voyage  from  which  she  shall  then  have 
returned. 

[For  list  of  ports  of  entry  and  delivery  see  paragraph 
430.] 

K.s.  2771.  Vessels  which  are  not  vessels  of  the  United  States  shall 

be  admitted  to  unlade  only  at  jiorts  of  entry  established 
by  law ;  and  no  such  vessel  shall  be  admitted  to  make  entry 
in  any  other  district  than  in  the  one  in  which  she  shall  be 
admitted  to  unlade. 

192.  Vessels  bound  to  port  of  delivery. 

R.s.,2772.  The  master  of  every  vessel  bound  to  a  port  of  delivery 

only,  in  any  district,  shall  first  come  to  at  the  port  of  entry 
of  such  district,  with  his  vessel,  and  there  make  report  and 
entry  in  Avriting,  and  pay  all  duties  required  by  law,  port 
fees  and  charges,  before  such  vessel  shall  proceed  to  her 
port  of  delivery.  Any  master  of  a  vessel  who  shall  pro- 
ceed to  a  port  of  delivery  contrary  to  such  directions  shall 
be  liable  to  a  jienalty  of  five  hundred  dollars,  to  be  recov- 
ered with  costs  of  suit. 

193.  Report  and  declaration  of  master. 

K.s.,2774.  Within  twenty-four  hours  after  the  arrival  of  any  vessel, 

from  any  foreign  port,  at  any  port  of  the  United  States 
established  by  law,  at  which  an  officer  of  the  customs 
resides,  or  within  any  harbor,  inlet,  or  creek  thereof,  if  the 
hours  of  business  at  the  office  of  the  chief  officer  of  the 
customs  at  such  port  will  permit,  or  as  soon  thereafter  as 
such  hours  will  permit,  the  master  shall  repair  to  such 
office,  and  make  report  to  the  chief  officer,  of  the  arrival 
of  the  vessel;  and  he  shall,  within  forty-eight  hours  after 
such  arrival,  make  a  further  report  in  writing,  to  the  col- 
lector of  the  district,  which  report  shall  be  in  the  form, 
and  shall  contain  all  the  particulars  required  to  be  inserted 
in,  and  verified  like,  a  manifest.  Every  master  who  shall 
neglect  or  omit  to  make  either  of  such  reports  and  declar- 
ations, or  to  verify  any  such  declaration  as  required,  or  shall 
not  fully  comjily  with  the  true  intent  and  meaning  of  this 
section,  shall,  for  each  offense,  be  liable  to  a  penalty  of  one 
thousand  dollars. 

B.  s.,  2775.  The  master  of  any  vessel  having  on  board  distilled  spirits, 

or  wines,  shall,  within  forty-eight  hours  after  his  arrival, 


PART    XV. ENTRY    OF    MERCHANDISE.  16^ 

whether  the  same  be  at  the  first  port  of  arrival  of  such 
vessel  or  uot,  in  addition  to  the  recjuireinents  of  the  pre- 
ceding section,  report  in  writing-  to  the  surveyor  or  officer 
acting  as  inspector  of  the  revenue  of  the  port  at  which  he 
has  arrived,  the  foreign  port  from  which  he  last  sailed,  the 
Dame  of  his  vessel,  his  own  name,  the  tonnage  and  denomi- 
nation of  such  vessel,  and  to  what  nation  belonging,  to- 
gether with  the  quantity  and  kinds  of  spirits  and  wines, 
on  board  of  the  vessel,  particularizing  the  number  of  casks, 
vessels, cases,  or  otlier  packages  containing  the  same,  with 
their  marks  and  numbers,  as  also  the  quantity  and  kinds 
of  spirits  and  wines,  on  board  su(di  vessel  as  sea-stores,  and 
in  default  thereof  he  shall  be  liable  to  a  penalty  of  live 
hundred  dollars  and  any  spirits  omitted  to  be  reported 
shall  be  forfeited. 

If  any  vessel,  having  arrived  within  the  limits  of  any  col-  ^  ^•'  ^'^s. 
lection-district,  from  any  foreign  port,  departs,  or  attempts 
to  depart  from  the  same,  unless  to  proceed  on  her  way  to 
some  more  interior  district  to  which  she  may  be  bound, 
before  report  or  entry  shall  have  been  made  by  the  master 
with  the  collector  of  some  district,  the  master  shall  be  liable 
to  a  penalty  of  four  hundred  dollars;  and  any  collector, 
naval  officer,  surveyor,  or  commander  of  any  revenue  cutter 
may  cause  such  vessel  to  be  arrested  and  brought  back  to 
the  most  convenient  port  of  the  United  States.  If,  how- 
ever, it  is  made  to  appear  by  tlie  oath  of  the  master,  and  of 
the  person  next  in  command,  or  by  other  sufficient  proof  to 
the  satisfaction  of  the  collector  of  the  district  within  which 
such  vessel  shall  afterward  come,  or  to  the  satisfaction  of 
the  court  in  which  the  prosecution  for  such  penalty  maybe 
had,  that  the  departure  or  attempt  to  depart  was  occa- 
sioned by  stress  of  weather,  pursuit  or  duress  of  enemies,  or 
other  necessity,  the  penalty  imposed  by  this  section  shall 
not  be  incurred. 

194.  Special  inward  manifest  for  Treasury  Department 

Each  master  of  a  vessel  arriving  in  the  United  States  Mar. 2,1895. 
from  a  foreign  port  except  vessels  carrying  traffic  in  bond  s.c. 9. 
on  transfer  ferries  shall,  immediately  upon  landing  and 
before  entering  his  vessel  at  the  custom-house,  mail  to  the 
Auditor  for  the  Treasury  Department,  Washington,  a  true 
copy  of  the  manifest  of  his  vessel,  and  shall  on  entering 
his  vessel  make  affidavit  that  he  has  mailed  such  copy  and 
that  the  same  is  true  and  correct;  and  he  shall  also  mail  to 
the  said  Auditor  a  true  copy  of  the  corrected  manifest  filed 
on  any  post  entry  of  his  vessel.  Any  master  who  neglects 
or  refuses  to  mail  to  the  Auditor  the  required  copy  of  the 
original  or  corrected  manifest  shall  be  subject  to  the  same 
fines  and  penalties  fixed  by  law  for  his  failure  to  deliver 
the  manifest  of  his  vessel  to  the  collector:  Provided.,  That 
this  section  shall  not  apply  to  ports  where  there  is  a  naval 
officer. 

195.  Cargo  in  bulk. 

Vessels  arriving  at  a  port  of  entry  in  the  United  States,    r.  s..  2776. 
laden  with  coal,  salt,  railroad  iron  and  other  like  articles  in    Jimoat;,  i884. 
bulk  may  proceed  to  places  within  that  collection  district    ^'"'-  ^®- 


166  PART  XV. ENTRY  OF  MERCHANDISE. 

to  be  specially  designated  by  the  Secretary  of  the  Treas- 
ury by  general  regulations  or  otherwise,  under  the  superin- 
tendence of  customs  officers,  at  the  expense  of  the  parties 
interested,  for  the  purpose  of  unlading  cargoes  of  the  char- 
acter before  mentioned. 

196.  Bond  of  cargo  for  re-export 

-R.  s.,  277G.  ^jjy  vessel  may  proceed  with  any  merchandise  brought 

in  her,  and,  in  the  manifest  delivered  to  the  collector  of  the 
customs,  reported  as  destined  for  any  foreign  port,  from  the 
district  within  which  such  vessel  shall  first  arrive  to  such 
foreign  x>ort  without  paying  or  securing  the  payment  of 
any  duties  upon  such  merchandise  as  shall  be  actually 
re  exported  in  the  vessel.  But  the  manifest  so  declaring 
to  re-export  such  merchandise  shall  be  delivered  to  such 
collector  within  forty-eight  hours  after  the  arrival  of  the 
vessel.  And  the  master  of  such  vessel  shall  give  bond  as 
required  by  the  next  section. 

R.S..2777.  The  master  of  any  vessel  so  destined  for  a  foreign  port 

shall  give  bond,  with  one  or  more  sureties,  in  a  sum  equal 
to  the  amount  of  the  duties  upon  the  merchandise,  as  the 
same  shall  be  estimated  by  the  collector  and  naval  officer 
of  the  port  where  the  report  shall  be  made,  to  the  satis- 
faction of  the  collector,  with  condition  that  the  merchandise, 
or  any  part  thereof,  shall  not  be  lauded  within  the  United 
States,  unless  due  entry  thereof  shall  have  been  first  made 
and  the  duties  thereupon  paid,  according  to  law.  Such 
bond  shall  be  taken  for  the  same  period,  and  canceled  in 
like  manner,  as  a  bond  given  for  obtaining  drawback  of 
duties.  1^0  such  bond  shall  be  required  in  respect  to  mer- 
chandise on  board  of  any  vessel  which  has  put  into  the 
United  States  from  a  necessity,  shown  as  prescribed  in 
section  twenty-seven  hundred  and  seventy-three. 

K.  s.  2778.  The  collector  receiving  any  bond  conditioned  for  the  pay- 

ment of  duties  upon  merchandise  reported  as  destined  for 
a  foreign  port,  in  case  the  same  shall  be  landed  within  the 
United  States,  or  any  other  bonds  taken  upon  the  exi)orta- 
tion  of  merchandise  entitled  to  drawback,  shall  immediately 
after  the  time  when  by  the  conditions  of  the  same  they 
ought  to  be  canceled,  put  the  same  in  suit,  provided  the 
proof  of  the  occurrence  of  such  a  necessity  as  excuses  a 
landing  of  such  goods  within  the  United  States  has  not 
been  produced,  or  further  time  granted  therefor  by  the 
Secretary  of  the  Treasury. 

197.  Inspection  of  merchandise  laden  for  export. 

PwS,3n:i5.  The  collector  shall  direct  the  surveyor,  where  any,  to 

inspect,  or  cause  to  be  inspected,  the  merchandise  notified 
for  exportation,  and  if  it  is  found  to  correspond  fully  with 
the  notice  and  proof  concerning  the  same,  the  collector, 
together  with  the  naval  officer,  if  any,  shall  grant  a  permit 
for  lading  the  same  on  board  of  the  vessel  named  in  such 
notice  and  entry.  Such  lading  shall  be  performed  under 
the  superintendence  of  the  officer  by  whom  the  same  has 


PART  XV — p:ntry  of  merchandise.  167 

been  so  inspected;  and  the  exporter  shall  make  oath  that 
the  merchandise,  so  noticed  for  exportation,  and  hiden  on 
board  such  vessel,  previous  to  the  clearance  thereof,  or 
within  ten  days  after  such  clearance,  is  truly  intended  to 
be  exported  to  the  place  whereof  notice  has  been  given, 
and  is  not  intended  to  bo  relanded  within  the  United 
States;  otherwise  the  merchandise  shall  not  be  entitled  to 
the  benefit  of  drawback. 


R.  S.,  303«. 


R.S.,2779. 


198.  Transfer  of  imported  merchandise  for  export 

All  merchandise  imported  into  the  United  States,  the 
duties  on  which  have  been  paid,  or  secured  to  be  paid,  may 
be  transported  by  land,  or  partly  by  land  and  partly  by 
water,  or  coastwise,  from  the  district  into  which  it  was 
imported  to  any  port  of  entry  and  exported  from  such  port 
of  entry  with  the  benefit  of  drawback. 

199.  Delivery  of  cargo  in  various  districts. 

Any  vessel  in  which  any  merchandise  is  brought  into  the 
United  States  from  any  foreign  port,  and  which  is  specified 
in  the  manifest  veritied  before  the  collector  of  the  port  in 
which  such  vessel  first  arrives,  to  be  destined  for  other  dis- 
tricts, may  proceed  with  the  same  from  district  to  district 
within  the  United  States,  in  order  to  the  landing  or  delivery 
thereof;  and  the  duties  on  such  of  the  merchandise  only  as 
shall  be  landed  in  any  district  shall  be  paid  within  such 
district. 

Before  any  vessel  departs  from  the  district  in  which  she  k.s.,278o. 
shall  first  arrive  for  another  district,  provided  such  depar- 
ture is  not  within  forty-eight  hours  after  her  arrival  within 
such  district,  with  merchandise  brought  in  such  vessel  from 
a  foreign  port  on  which  the  duties  have  not  been  paid,  the 
master  shall  obtain  from  the  collector  of  the  district  from 
which  she  is  about  to  depart,  who  is  hereby  required  to 
grant  the  same,  a  copy  of  the  report  and  manifest  made  by 
such  master,  certified  by  the  collector,  to  which  copy  shall 
be  annexed  a  certificate  of  the  quantity  and  particulars  of 
the  merchandise  which  appears  to  him  to  have  been  landed 
within  his  district,  or  of  the  quantity  and  particulars  of 
the  merchandise  which  remains  on  board  and  upon  which 
the  duties  are  to  be  paid  in  some  other  district. 

Within  twenty-four  hours  after  the  arrival  of  such  vessel  ^^  ^•'  2'^^- 
within  any  other  district,  the  master  shall  make  report  or 
entry  to  or  with  the  collector  of  such  other  district,  pro- 
ducing and  showing  the  certified  copy  of  his  first  report, 
together  with  a  certificate  from  each  collector  of  any  other 
district  within  which  any  of  the  merchandise,  brought  in 
such  vessel,  has  been  landed,  of  the  quantity  and  particu- 
lars of  such  merchandise  as  has  been  landed  in  each  district 
respectively. 

The  master  shall,  however,  first  give  bond,  with  one  or    iis..2782. 
more  sureties,  to  the  satisfaction  of  the  collector  of  the  dis- 
trict within  which  the  vessel  first  arrives,  in  a  sum  equal  to 
the  amount  of  the  duties  on  the  residue  of  the  merchandise, 


168  PART  XV. ENTRY  OF  MERCHANDISE. 

according  to  such  estimate  as  the  collector  shall  form 
thereof,  with  condition  that  the  residue  of  such  merchan- 
dise shall  be  duly  entered  and  delivered  in  another  district 
for  which  the  same  has  been  reported  to  be  destined. 

K.s.,2783.  The  bond  shall  be  canceled  or  discharged  within  six  cal- 

endar months  from  the  date  thereof,  by  the  production  of 
certificates  from  the  collectors  of  the  districts  for  which  the 
merchandise  has  been  rei)orted,  showing  the  due  entry  and 
delivery  of  the  merchandise  in  such  districts,  or  upon  due 
proof  to  the  satisfaction  of  the  collector  by  whom  the  bond 
was  taken,  and  to  the  naval  officer  of  the  port,  if  any,  that 
such  entry  and  delivery  were  prevented  by  some  unavoid- 
able accident  or  cavsualty,  and  if  the  whole  or  any  part  of 
the  merchandise  has  not  been  lost,  that  it  has  been  duly 
entered  and  delivered  within  the  United  States. 

E.s.,2784.  If  the  master  of  any  such  vessel  fails  by  his  neglect  or 

fault  to  obtain  the  copy  of  his  report  from  the  collector  of 
the  district  from  which  he  is  about  to  depart,  or  any  certifi- 
cate which  he  ought  to  obtain,  or  neglects  to  exhibit  the 
same  to  the  collector  of  any  other  district  to  which  the  ves- 
sel afterward  proceeds,  within  the  time  for  that  purpose 
allowed,  he  shall  be  liable  to  a  penalty,  for  every  such  neg- 
lect or  omission,  of  five  hundred  dollars. 

200.  Owner's  or  consignee's  entry  of  merchandise. 

U.S., 2785.  The  owner  or  consignee  of  any  merchandise  on  board  of 

any  such  vessel,  or,  in  case  of  his  absence  or  sickness,  his 
known  agent  or  factor  in  his  name,  shall,  within  fifteen 
days  after  the  report  of  the  master  to  the  collector  of  the 
district  for  which  such  merchandise  shall  be  destined,  make 
entry  thereof  in  writing  with  the  collector,  and  shall  in  such 
entry  specify  the  name  of  the  vessel  and  of  her  master,  in 
which,  and  the  port  or  place  from  which  such  merchandise 
was  imported,  the  particular  marks,  numbers,  denomina- 
tion, and  prime  cost,  including  charges  of  each  particular 
package  or  parcel  whereof  the  entry  shall  consist,  or,  if  in 
bulk,  the  quantity,  quality,  and  prime  cost,  including 
charges  thereof,  particularly  specifying  the  species  of  money 
in  which  the  invoices  thereof  are  made  out.  Such  entry 
shall  be  subscribed  by  the  person  making  it,  if  the  owner 
or  consignee,  in  his  own  name,  or,  if  another  person,  in  his 
name  as  agent  or  factor,  for  the  owner  or  consignee.  The 
person  making  such  entry  shall  also  produce  to  the  col- 
lector and  naval  officer,  if  any,  the  original  invoices  of  the 
merchandise,  or  other  documents  received  in  lieu  thereof, 
or  concerning  the  same,  in  the  same  state  in  which  they 
were  received,  with  the  bills  of  lading  for  the  same;  which 
invoices  shall  be  signed  by  the  persons  in  the  offices  of  the 
collector  and  naval  officer  who  have  compared  and  exam- 
ined them. 

R.s.,2786.  The  entries  to  be  made  by  any  importer,  consignee,  or 

agent,  under  the  preceding  section,  shall  be  verified  by  the 
oath  of  the  person  making  the  same. 

R.s.,2787.  Whenever  any  entry  is  made  with  the  collector  of  any 

district,  of  merchandise  imported  into  the  United  States 


PART  XV. — ENTRY  OF  MERCHANDISE.  169 

subject  to  duty,  by  any  iij:eiit,  factor,  or  persoD,  other 
than  the  person  to  whom  it  l)ek)n«>\s,  or  to  whom  it  is 
ultimately  consigned,  tlie  collector  shall  take  a  bond  with 
surety  from  such  agent,  lactor,  or  i)erson,  in  the  i)enal  sum 
of  one  thousaiul  dollars,  with  condition  that  the  actual 
owner  or  consignee  of  such  merchandise  shall  deliver  to 
the  collector  a  full  and  correct  account  of  the  merchandise 
imported  by  him,  or  for  him  on  his  own  account,  or  con- 
signed to  his  care,  in  the  same  manner  and  form  as  reiiuired 
in  respect  to  an  entry  previous  to  the  landing  of  merchan- 
dise; which  account  shall  be  verified  by  a  like  oath,  as  in 
the  case  of  an  entry,  to  be  taken  and  subscribed  before  any 
judge  of  the  United  States,  or  the  judge  of  any  court  of 
record  of  a  State,  or  before  any  collector  of  the  customs. 
In  case  of  the  payment  of  the  duties  at  the  time  of  entry, 
by  any  factor  or  agent,  on  the  merchandise  entered  by  him, 
the  condition  of  the  bond  shall  be  to  produce  the  account 
of  the  i)roper  owner,  or  consignee,  verified  in  manner  as 
before  directed,  within  ninety  days  from  the  date  of  such 
bond. 

Where  the  particulars  of  any  merchandise  are  unknown,  Rs.,2788. 
in  lieu  of  the  entry  prescribed  by  section  twenty-seven 
hundred  and  eighty-five,  an  entry  thereof  shall  be  made 
and  received  according  to  the  circumstances  of  the  case; 
the  party  making  the  same  declaring  u]jon  oath  all  that  he 
knows  or  believes  concerning  the  quality  and  particulars 
of  the  merchandise,  and  that  he  has  no  other  knowledge  or 
information  concerning  the  same. 

Whenever  an  entry  of  merchandise  is  imperfect,  for  want    ^<-  '^■<  2789. 
of  invoices,  bills  of  lading,  or  for  any  other  cause,  the  col- 
lector shall  take  the  merchandise  into  his  custody,  until  the 
quantity,  quality,  or  value  thereof,  as  the  case  may  require, 
can  be  ascertained. 

201.  l/esse/s  exempt  from  entry. 

It  shall  not  be  necessary  for  the  master  of  any  vessel  of  Ks.,2791. 
war,  or  of  any  vessel  employed  by  any  prince,  or  state,  as  a 
public  packet  for  the  conveyance  of  letters  and  dispatches, 
and  not  i)ermitted  by  the  laws  of  such  prince  or  state  to  be 
employed  in  the  transportation  of  merchandise,  in  the  way 
of  trade,  to  make  report  and  entry. 

Vessels  used  exclusively  as  ferryboats  carrying  passen-  K.s.,2792. 
gers,  baggage,  and  merchandise,  shall  not  be  requited  to 
enter  an(l  clear,  nor  shall  the  masters  of  such  vessels  be 
required  to  present  manifests,  or  to  pay  entran(;e  or  clear- 
ance fees,  or  fees  for  receiving  or  certifying  manifests,  but 
they  shall,  upon  arrival  in  the  United  States,  be  required 
to  report  su(;h  baggage  and  merchandise  to  the  proper 
officer  of  the  customs  according  to  law. 

202.  Vesse/s  exempt  from  certain  charges. 

Enrolled  or  licensed  vessels  engaged  in  the  foreign  and    R.s.,2793. 
coasting  trade  on  the  northern,  northeastern  and  north- 
western frontiers  of  the  United  States,  departing  from  or 


170  PART  XV. ENTRY  OF  MERCHANDISE. 

arriviug  at  a  port  iu  one  district  to  or  from  a  port  in  another 
district,  and  also  touching  at  intermediate  foreign  ports, 
shall  not  thereby  become  liable  to  the  payment  of  entry 
and  clearance  fees,  or  tonnage  tax,  as  if  from  or  to  for- 
eign ports;  but  such  vessels  shall,  notwithstanding,  be 
required  to  enter  and  clear. 

203.  Entry  of  wines  and  distilled  spirits. 

R.  s.,2794.  Every  importer  of  distilled  spirits  or  wines,  or  person  to 

whom  distilled  spirits  or  wines  are  consigned,  shall  make 
a  separate  and  additional  entry  thereof,  specifying  the 
name  of  the  vessel,  and  her  master,  in  which,  and  the  place 
from  which,  such  spirits  or  wines  were  imported,  together 
with  the  quantity  and  quality  thereof,  and  a  particular 
detail  of  the  casks  or  receptacles  containing  the  same,  with 
their  marks  and  numbers;  such  entry  shall  be  subscribed 
by  the  person  making  the  same,  for  himself,  or  in  behalf  of 
the  i)erson  to  whom  such  entry  is  made,  and  shall  be  certi- 
fied by  the  collector,  before  whom  it  is  made,  as  a  true 
copy,  and  conformable  to  the  general  entry  before  directed, 
in  respect  to  all  distilled  spirits  and  wines  therein  con- 
tained; such  entry  thus  certified  shall  be  transmitted  to 
the  surveyor  or  officer  acting  as  inspector  of  the  revenue 
for  the  port  where  it  is  intended  to  commence  the  delivery 
of  such  spirits  or  wines. 

204.  Sea-stores. 

R.  s.,  2795.  In  order  to  ascertain  what  articles  ought  to  be  exempt 

from  duty  as  the  sea  stores  of  a  vessel,  the  master  shall 
particularly  specify  the  articles,  in  the  report  or  manifest 
to  be  by  him  made,  designating  them  as  the  sea-stores  of 
such  vessel ;  and  in  the  oath  to  be  taken  by  such  master, 
on  making  such  report,  he  shall  declare  that  the  articles  so 
specified  as  sea-stores  are  truly  such,  and  are  not  intended 
by  way  of  merchandise  or  for  sale;  whereupon  the  articles 
shall  be  free  from  duty. 

R.  s.,  2796.  Whenever  it  appears  to  the  collector  to  whom  a  report 

and  manifest  of  sea  stores  are  delivered,  together  with  the 
naval  officer,  where  there  is  one,  or  alone,  where  there  is 
no  naval  officer,  that  the  quantities  of  the  articles,  or  any 
part  thereof,  reported  as  sea-stores,  are  excessive,  the  col- 
lector, jointly  with  the  naval  officer,  or  alone,  as  the  case 
may  be,  may  in  his  discretion  estimate  the  amount  of  the 
duty  on  such  excess;  which  shall  be  forthwith  paid  by  the 
master,  to  the  collector,  on  j)ain  of  forfeiting  the  value  of 
such  excess. 

R.  s.,  2797.  jf  any  other  or  greater  quantity  of  articles  are  found  on 

board  such  vessel  as  sea  stores  than  are  specified  in  an 
entry  of  sea  stores,  or  if  any  of  the  articles  are  landed 
without  a  permit  first  obtained  from  the  collector,  and 
naval  officer  if  any,  for  that  purpose,  all  such  articles  as 
are  not  included  in  the  report  or  manifest  by  the  master, 
and  all  which  are  lauded  without  a  permit,  shall  be  for- 
feited, and  may  be  seized ;  and  the  master  shall  moreover 


PART  XV. ENTRY  OF  MERCHANDISE.  171 

be  liable  to  a  penalty  of  treble  the  value  of  the  articles 
omitted  or  landed. 

Sea  stores  and  the  legitimate  equipment  of  vessels  be-  Mar.  3. 1897. 
longing  to  regular  lines  plying  between  foreign  ports  and  ^'c  n. 
the  United  States  delayed  in  port  for  any  cause  may  be 
transferred  in  such  port  of  the  United  States  under  the 
sui)ervision  ot  the  customs  oflicers  from  one  vessel  to  another 
vessel  of  the  same  owner  without  i)ayment  of  duties,  but 
duties  must  be  paid  on  such  stores  or  ecjuipments  landed  for 
consumption,  excej^t  American  products. 

205.  Coal. 

The  master  of  any  vessel  ])ropelled  by  steam,  arriving  at  R.s.,2798. 
any  port  in  the  United  States,  may  retain  all  the  coal  such 
vessel  may  have  on  board  at  the  time  of  her  arrival,  and 
may  proceed  with  such  coal  to  a  foreign  port,  without 
being  required  to  land  the  same  in  the  United  States,  or  to 
pay  any  duty  thereon. 

206.  Baggage  of  passengers. 

Any  baggage  or  personal  effects  arriving  in  the  United    r.  s.,2803. 
States  in  transit  to  any  foreign  country  may  be  delivered    •Iuik' 10,  isoo. 
by  the  parties  having  it  in  charge  to  the  collector  of  the    ^*"'  ''■''*■ 
l)roper  district,  to  be  by  him  retained,  without  the  payment 
or  exaction  of  any  import  duty,  or  to  be  forwarded  by  such 
collector  to  the  collector  of  the  port  of  dei)arture  and  to  be 
delivered  to  such  parties  on  their  departure  for  their  foreign 
destination,  under  such  rules  and  regulations  as  the  Sec- 
retary of  the  Treasury  may  prescribe. 

207.  Baggage  and  fools  of  trade. 

In  order  to  ascertain  what  articles  ought  to  be  exempted  R.  s.,2799. 
as  the  wearing  apparel,  and  other  personal  baggage,  and 
the  tools  or  implements  of  a  mechanical  trade  only,  of  per- 
sons who  arrive  in  the  United  States,  due  entry  thereof,  as 
of  other  merchandise,  but  separate  and  distinct  from  that 
of  any  other  merchandise,  imported  from  a  foreign  port, 
shall  be  made  with  the  collector  of  the  district  in  which 
the  articles  are  intended  to  be  landed  by  the  owner  thereof, 
or  his  agent,  expressing  the  ])ersons  by  whom  or  for  whom 
such  entry  is  made,  and  particularizing  the  several  pack- 
ages, and  their  contents,  with  their  marks  and  numbers; 
and  the  person  w^ho  shall  make  the  entry  shall  take  and 
subscribe  an  oath  before  the  collector,  declaring  that  the 
entry  subscribed  by  him  and  to  which  the  oath  is  annexed 
contains,  to  the  best  of  his  knowledge  and  belief,  a  just 
and  true  account  of  the  contents  of  the  several  packages 
mentioned  in  the  entry,  specifying  the  name  of  the  vessel, 
of  her  master,  and  of  the  port  from  which  she  has  arrived; 
and  that  such  packages  contain  no  merchandise  whatever 
other  than  wearing  apparel,  personal  baggage,  or,  as  the 
case  maybe,  tools  of  trade,  specifying  it;  that  they  are 
all  the  property  of  a  person  named  who  has  arrived,  or  is 
shortly  expected  to  arrive  in  the  United  States,  and  arc 


172  PART  XV. ENTRY  OP  MERCHANDISE. 

not  directly  or  indirectly  imported  for  any  other,  or  intended 
for  sale. 

R.s.,2800.  Whenever  the  person  making  entry  of  any  articles  as 

wearing  apparel,  personal  baggage,  tools,  or  implements, 
is  not  the  owner  of  them,  he  shall  give  bond  with  one  or 
more  sureties,  to  the  satisfaction  of  the  collector,  in  a  sum 
equal  to  the  duties  on  like  articles  imported  subject  to 
duty,  upon  the  condition  that  the  owner  of  the  articles 
shall,  within  one  year,  personally  make  an  oath  such  as  is 
prescribed  in  the  preceding  section. 

K.s.,2801  Oi,  compliance  with  the  two  preceding  sections,  and  not 

otherwise,  a  permit  shall  be  granted  for  lauding  such 
articles.  But  whenever  the  collector  and  the  naval  officer, 
if  any,  think  proper,  they  may  direct  the  baggage  of  any 
person  arriving  within  the  United  States  to  be  examined 
by  the  surveyor  of  the  port,  or  by  an  inspector  of  the  cus- 
toms, who  shall  make  a  return  of  the  same;  and  if  any 
articles  are  contained  therein  which  in  their  opinion  ought 
not  to  be  exempted  from  duty,  due  entry  of  them  shall  be 
made  and  the  duties  thereon  paid. 

R.  s.,  2802.  Whenever  any  article  subject  to  duty  is  found  in  the  bag- 

gage of  any  person  arriving  within  the  United  States, 
which  was  not,  at  the  time  of  making  entry  for  such  bag- 
gage, mentioned  to  the  collector  before  whom  such  entry 
was  made,  by  the  person  making  entry,  such  article  shall 
be  forfeited,  and  the  person  in  whose  baggage  it  is  found 
shall  be  liable  to  a  penalty  of  treble  the  value  of  such 
article. 

R.s.,2803.  Any  baggage  or  personal  effects  arriving  in  the  United 

States,  in  transit  to  any  foreign  country,  may  be  delivered 
by  the  parties  having  it  in  charge  to  the  collector  of  the 
proper  district,  to  be  by  him  retained  without  the  payment 
or  exaction  of  any  import  duty,  and  to  be  delivered  to  such 
parties  on  their  departure  for  their  foreign  destination, 
under  such  rules,  regulations,  and  fees  as  the  Secretary  of 
the  Treasury  may  prescribe. 

208.  Marks,  brands,  and  trade-marks. 
Aug.28,]894.       All  articles  of  foreign  manufacture,  such  as  are  usually 
Jui^24  1897     ®^  ordinarily  marked,  stamped,  branded,  or  labeled,  and  all 
secfs.  packages  containing  such  or  other  imported  articles,  shall, 

respectively,  be  plainly  marked,  stamped,  branded,  or 
labeled  in  legible  English  words,  in  a  conspicuous  place, 
so  as  to  indicate  the  country  of  their  origin  and  the  quan- 
tity of  their  contents;  and  until  so  marked,  stamped, 
branded,  or  labeled  they  shall  not  be  delivered  to  the 
importer:  should  any  article  of  imported  merchandise  be 
marked,  stamped,  branddl,  or  labeled  so  as  to  indicate  a 
quantity,  number,  or  measurement  in  excess  of  the  quan- 
tity, number,  or  measurement  actually  contained  in  such 
article,  no  delivery  of  the  same  shall  be  made  to  the  importer 
until  the  mark,  stamp,  brand,  or  label,  as  the  case  maybe, 
shall  be  changed  so  as  to  conform  to  the  facts  of  the  case. 


PART  XV — ENTRY  OF  MERCHANDISE.  173 

Ko  article  of  imported  merchandise  which  shall  copy  or  auj:- 28.1894. 
simulate  the  name  or  trade-mark  of  any  domestic  manu-  j'„7  -4 1897 
facture  or  manufacturer,  or  which  shall  bear  a  name  or  soc!ii. 
mark,  which  is  calculated  to  induce  the  public  to  believe 
that  the  article  is  manufactured  in  the  United  States,  shall 
be  admitted  to  entry  at  any  custom-house  of  the  United 
States.  And  in  order  to  aid  the  otiicers  of  the  customs  in 
enforcing  this  prohibition  any  domestic  manufacturer  who 
has  adopted  trade  marks  may  require  his  name  and  resi- 
dence and  a  description  of  his  trade-marks  to  be  recorded 
ill  books  which  shall  be  kept  for  that  purpose  in  the  Dei^art- 
ment  of  the  Treasury  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  shall  i)rescribe,  aud  may  furnish  to 
the  Department  facsimiles  of  such  trade-marks;  and  there- 
upon the  Secretary  of  the  Treasury  shall  cause  one  or  more 
copies  of  the  same  to  be  transmitted  to  each  collector  or 
other  proper  officer  of  the  customs. 


K.  S.,  2804. 


209.  Cigars. 

No  cigars  shall  be  imported  unless  the  same  are  packed 
in  boxes  of  not  more  than  five  hundred  cigars  in  each  box; 
and  no  entry  of  any  imported  cigars  shall  be  allowed  ot" 
less  quantity  than  three  thousand  in  a  single  package; 
and  all  cigars  on  importation  shall  be  placed  in  public 
store  or  bonded  warehouse,  aud  shall  not  be  removed 
therefrom  until  the  same  shall  have  been  inspected  and  a 
stamp  affixed  to  each  box  indicating  such  inspection,  and  ^'"s  2«,i894. 
also  a  serial  number  to  be  recorded  in  the  custom-house.  ^'^^'•-*^- 
And  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
provide  the  requisite  stamps,  and  to  make  all  necessary 
regulations  for  carrying  the  above  provisions  of  law  into 
effect. 

210.  Oaths. 

All  oaths  to  be  taken  upon  making  of  any  of  the  reports  k.  s.,  280.'). 
or  entries,  or  respecting  any  of  the  acts  mentioned  in  this 
chapter  [R.  S.  27G6-28G6],  whether  by  a  master  of  any  ves- 
sel, or  the  owner  or  consignee  of  any  merchandise,  his  factor 
or  agent,  or  by  any  other  i)erson,  shall  be  administered  by 
the  collector,  or  officer  to  or  with  whom  the  report  or  entry 
is  made,  and  shall  be  reduced  to  writing,  and  subscribed 
by  the  person  taking  and  by  the  person  administering  the 
oath. 

And  such  clerks  and  inspectors  of  customs  as  the  Secre-    sopt. 30,  isoo. 
tary  of  the  Treasury  may  designate  for  the  purpose  shall 
be  authorized  to  administer  oaths,  such  as  deputy  collectors 
of  customs  are  now  authorized  to  administer,  and  no  com- 
pensation shall  be  paid  or  charge  made  therefor. 

211.  Inward  manifests. 

No  merchandise  shall  be  brought  into  the  United  States,    R-  s.,  28O6. 
from  any  foreign  port,  in  any  vessel  unless  the  master  has 
on  board  manifests  in  writing  of  the  cargo,  signed  by  such 
master. 


174  PART  XV. ENTRY  OF  MERCHANDISE. 

R.  s.,  2807.  Every  manifest  required  by  the  preceding  section  shall 

contain : 

First.  Tl^e  name  of  the  ports  where  the  merchandise  in 
such  manifest  mentioned  were  taken  on  board,  and  the 
ports  within  the  United  States  for  which  the  same  are  des- 
tined; particularly  noting  the  merchandise  destined  for 
each  port  respectively. 

June  3, 1892.  Provided,  however,  That  the  master  of  a  vessel  laden 
exclusively  either  with  sugar,  coal,  salt,  hides,  dyewoods, 
wool,  or  jute  butts,  consigned  to  one  consignee,  arriving  at 
a  port  for  orders,  may  be  permitted  to  destine  such  cargo 
or  determine  its  disj)osition  "for  orders,"  upon  entering  the 
vessel  at  the  custom-house,  and,  within  fifteen  days  after- 
ward and  before  the  unloading  of  any  part  of  the  cargo,  to 
amend  the  manifest  by  designating  the  actual  port  of  dis- 
charge of  such  cargo : 

Provided  further,  That  in  the  event  of  failure  to  desig- 
nate the  port  of  discharge  within  fifteen  days  such  cargo 
must  be  discharged  at  the  port  wliere  the  vessel  entered. 
R.s.,2807.  Second.  The  name,  description,  and  build  of  the  vessel; 

the  true  admeasurement  or  tonnage  thereof;  the  port  to 
which  such  vessel  belongs;  the  name  of  each  owner,  accord- 
ing to  the  register  of  the  same;  and  the  name  of  the  master 
of  such  vessel. 

Third.  A  just  and  particular  account  of  all  the  merchan- 
dise, so  laden  on  board,  whether  in  packages  or  stowed 
loose,  of  any  kind  or  nature  whatever,  together  with  the 
marks  and  numbers  as  marked  on  each  package,  and  the 
number  or  quantity  and  description  of  the  i^ackages  in 
words  at  length,  whether  leaguer,  pipe,  butt,  puncheon, 
hogshead,  barrel,  keg,  case,  bale,  pack,  truss,  chest,  box, 
band-box,  bundle,  parcel,  cask,  or  package,  of  any  kind  or 
sort,  describing  the  same  by  its  usual  name  or  denomi- 
nation. 

Fourth.  The  names  of  the  persons  to  whom  such  pack- 
ages are  respectively  consigned,  agreeably  to  the  bills  of 
lading  signed  for  the  same,  unless  whf^n  the  goods  are  con- 
signed to  order,  when  it  shall  be  so  expressed  in  the  manifest. 

Fifth.  The  names  of  the  several  passengers  on  board  the 
vessel,  distinguishing  whether  cabin  or  steerage  passen- 
gers, or  both,  with  their  baggage,  specifying  the  number 
and  description  of  packages  belonging  to  each  respectively. 

Sixth.  An  account  of  the  sea-stores  remaining,  if  any. 

R.s.,2808.  If  merchandise  shall  be  imported,  destined  to  be  deliv- 

ered in  different  districts  or  ports,  the  quantities  and 
packages  so  destined  to  be  delivered  shall  be  inserted  in 
successive  order  in  the  manifest;  and  all  spirits  and  wines 
constituting  the  whole  or  any  part  of  the  cargo  of  any  ves- 
sel shall  also  be  inserted  in  successive  order,  distinguish- 
ing the  ports  to  which  the  same  may  be  destined,  and  the 
kinds,  qualities,  and  quantities  thereof. 

R.  s.,  2809.  If  any  merchandise  is  brought  into  the  United  States  in 

any  vessel  whatever  from  any  foreign  port  without  having 
such  a  manifest  on  board,  or  which  shall  not  be  included 
or  described  in  the  manifest,  or  shall  not  agree  therewith, 


PART  XV. ENTRY  OF  MERCHANDISE.  175 

the  master  shall  be  liable  to  a  penalty  equal  to  the  value 
of  such  merchandise  not  included  in  such  manifest ;  and  all 
such  merchandise  not  included  in  the  nianitest  belonging 
or  consigned  to  the  master,  unite,  oHicers,  or  crew  of  such 
vessel,  shall  be  forfeited. 

Whenever  it  is  ujade  to  appear  to  the  satisfaction  of  the  i^  ^•■28io. 
collector,  naval  officer,  and  surveyor,  or  to  the  major  part 
of  them,  where  those  ollicers  are  established  at  any  port, 
or  to  the  satisfaction  of  the  collector  alone,  where  either 
of  the  other  of  the  oiticers  is  not  established,  or  to  the 
satisfaction  of  the  court  in  which  a  trial  shall  be  had  con- 
cerning such  forfeiture,  that  no  part  of  the  cargo  of  any 
vessel  without  proper  manifests  was  unshipped,  after  it  was 
taken  on  board,  except  such  as  shall  have  been  particularly 
specified  and  accounted  for  in  the  reportof  the  master,  and 
that  the  manifests  have  been  lost  or  mislaid,  without  fraud 
or  collusion,  or  were  defaced  by  accident,  or  became  incor- 
rect by  mistake,  no  forfeiture  or  penalty  shall  be  incurred 
under  the  i^receding  section. 

212.  Inspection  of  inward  manifests  by  boarding  officer. 

Every  master  of  any  vessel  laden  with  merchandise,  and  k.s.,28ii. 
bound  to  any  port  in  the  United  States  shall,  on  his  arrival 
within  four  leagues  of  the  coast  thereof,  or  within  any  of 
the  bays,  harbors,  ports,  rivers,  creeks,  or  inlets  thereof, 
upon  demand,  produce  the  manifests  in  writing,  which 
such  master  is  required  to  have  on  board  his  vessel,  to 
such  officer  of  the  customs  as  first  comes  on  board  his 
vessel,  for  inspection,  and  shall  deliver  to  such  ofticer  true 
copies  thereof,  which  copies  shall  be  provided  and  sub- 
scribed by  the  master,  and  the  officer  to  whom  the  original 
manifests  have  been  produced  shall  certify  upon  the  back 
thereof  that  the  same  were  produced,  and  the  day  and 
year  on  which  the  same  were  so  produced,  and  that  such 
copies  were  to  him  delivered  and  by  him  examined  with 
the  original  manifest;  and  shall  likewise  certify  upon  the 
back  of  such  copies  the  day  and  year  on  which  the  same 
were  delivered,  and  shall  forthwith  transmit  such  copies 
to  the  respective  collectors  of  the  several  districts,  to 
which  the  goods  by  such  manifests  appear  respectively  to 
be  consigned. 

The  master  of  any  such  vessel  shall  in  like  manner  pro-  t^  s.,2812. 
duce  to  the  officer  of  the  customs  who  first  comes  on  board 
such  vessel,  upon  her  arrival  within  the  limits  of  any  col- 
lection-district in  which  the  cargo,  or  any  i)art  thereof,  is 
intended  to  be  discharged  or  landed,  for  his  inspection, 
such  manifest;  and  shall  also  deliver  to  him  true  copies 
thereof,  such  copies  also  to  be  provided  and  subscribed  by 
the  master,  the  production  of  which  manifests  and  the 
delivery  of  which  copies  shall  also  be  certified  by  the 
officer  of  the  customs,  ujjon  the  back  of  the  original  man- 
ifests, with  the  particular  day  and  year  when  such  mani- 
fests were  produced  to  such  officer,  and  when  he  so  received 
the  copies  thereof ;  and  such  officer  is  required  forthwith 


176  PART  XV. ENTRY  OF  MERCHANDISE. 

to  transmit  the  copies  of  the  manifest  to  the  collector  of 
the  district;  and  the  master  shall  afterward  deliver  the 
original  manifests  so  certilied  to  the  collector.  When  any 
manifest  shall  be  produced,  upon  which  there  shall  be  no 
certificate  from  any  otticer  of  the  customs  as  before  men- 
tioned, the  master  producing  tlie  same  shall  be  required 
to  make  oath  that  no  officer  has  applied  for,  and  that  no 
indorsement  has  taken  place  on,  any  manifest  of  the  cargo 
of  such  vessel. 

R.s.,2813.  rj^Y^Q  mastcr  of  any  such  vessel  shall  not  be  required  to 

make  delivery  of  more  than  one  copy  of  each  manifest  to 
the  officer  who  shall  first  come  on  board  of  such  vessel, 
within  four  leagues  of  the  coast  of  tlie  United  States,  and 
one  other  copy  to  such  officer  as  shall  first  come  on  board 
within  the  limits  of  any  collection-district,  for  which  the 
cargo  of  such  vessel,  or  some  part  thereof,  is  destined,  nor 
to  make  delivery  of  any  such  copy  to  any  other  officer;  but 
it  shall  be  sufficient,  in  respect  to  any  such  other  officer, 
to  exhibit  to  him  the  original  manifests  and  the  certificates 
thereupon. 

R.  s.,28u.  If  the  master  of  any  vessel  laden  with  merchandise,  and 

bound  to  any  port  in  the  United  States,  fails  upon  his 
arrival  within  four  leagues  of  the  coast  thereof,  or  within 
the  limits  of  any  collection-district,  where  the  cargo  of 
such  vessel,  or  any  part  thereof,  is  intended  to  be  dis- 
charged, to  produce  such  manifests  as  are  heretofore 
required,  in  writing,  to  the  proper  officer  upon  demand 
therefor,  or  to  deliver  such  copies  thereof,  according  to  the 
directions  of  the  preceding  sections,  or  if  he  fails  to  give 
an  account  of  the  true  destination  of  the  vessel,  which  he 
is  hereby  required  to  do,  upon  request  of  such  officer,  or 
gives  a  false  account  of  such  destination,  in  order  to  evade 
the  production  of  the  manifests,  the  master  shall  for  every 
such  neglect,  refusal,  or  offense,  be  liable  to  a  penalty  of 
not  more  than  five  hundred  dollars.  If  any  officer  first 
coming  on  board,  in  each  case,  shall  neglect  or  refuse  to 
certify  on  the  back  of  such  manifests  the  production 
thereof,  and  the  delivery  of  such  copies  respectively  as 
are  directed  to  be  delivered  to  such  officer,  such  officer 
shall  be  liable  to  a  penalty  of  five  hundred  dollars. 

R.s.,2815.  The  officers  who  may  apply  to  the  master  of  any  such 

vessel,  respecting  any  of  the  provisions  in  the  preceding 
sections,  and  who  shall  not  receive  full  satisfaction  therein, 
are  hereby  required  to  make  a  return  in  writing  of  the 
name  of  the  vessel  and  master  so  offending,  in  any  or  all 
of  the  i)articulars  required,  as  soon  as  possible,  to  the  col- 
lector of  the  district  to  which  such  vessel  shall  be  consid- 
ered to  be  bound. 

It  s.,  2a;!4.  Collectors  and  surveyors,  respectively,  may,  whenever 

Mar.  3, 1897.  they  Judge  it  to  be  necessary  for  the  security  of  the  revenue, 
put  an  inspector  of  the  customs  on  board  any  vessel,  to 
accompany  the  same  until  her  arrival  at  the  first  port  of 
entry  or  delivery,  in  the  district  to  which  such  vessel  may 
be  destined.  If  the  master  of  any  vessel  shall  neglect  or 
omit  to  deposit  a  manifest  as  herein  prescribed,  or  shall 


Sec.  15. 


PART  XV. — ENTRY  OF  MERCHANDISE.  177 

refuse  to  receive  an  inspector  of  the  customs  on  board,  as 
the  case  requires,  he  shall  forfeit  and  pay  Ave  hundred 
dollars,  to  be  recovered  with  cost  of  suit,  one-half  for  the 
use  of  the  otlicer  with  whom  such  manifest  ought  to  have 
been  deposited,  and  the  other  half  to  the  use  of  the  col- 
lector of  the  district  to  which  such  vessel  may  be  bound. 
If,  however,  the  manifest  shall,  in  either  of  the  above  cases, 
have  been  previously  delivered  to  any  officer  of  the  cus- 
toms, pursuant  to  the  provisions  hereinafter  made  in  that 
behalf,  the  depositing  of  a  manifest  shall  not  be  necessary. 

213.  Entry  of  merchandise  at  special  ports. 

When  any  merchandise  is  intended  to  be  imported  from  ^^  s.,28i6. 
any  foreign  country  into  the  port  of  Albany,  upon  the  Hud- 
son River,  in  New  York,  such  merchandise  may  be  entered 
at  any  port  of  entry  and  thereafter  transported  to  Albany, 
upon  compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one,  inclu- 
sive. 

When  any  merchandise  is  intended  to  be  imported  from  n.s.,28i7. 
any  foreign  country  into  the  port  of  Augusta,  upon  the 
Savannah  River,  in  Georgia,  such  merchandise  may  be 
entered  at  the  port  of  Savannah  and  thereafter  transported, 
either  by  the  river  or  by  railroad,  to  Augusta,  upon  com- 
pliance with  sections  twenty-eight  hundred  and  twenty-five 
to  twenty-eight  hundred  and  thirty-one.  Inclusive. 

When  any  merchandise  is  intended  to  be  imported  from  ii.s.,28i8. 
any  foreign  country  into  the  port  of  Pilatka,  upon  the  Saint 
John's  River,  in  Florida,  such  merchandise  may  be  entered 
at  Saint  John's,  and  thereafter  transported  to  Pilatka  upon 
compliance  with  sections  twenty-eight  hundred  and  twenty- 
five  to  twenty-eight  hundred  and  thirty  one,  inclusive. 

When  any  merchandise  is  intended  to  be  imported  from  h.s.,2819. 
any  foreign  country  to  the  port  of  Bayjiort,  in  Florida,  such 
merchandise  may  be  entered  at  Saint  Mark's  [Cedar  Keys], 
and  thereafter  transported  to  Bayport,  upon  compliance 
with  sections  twenty-eight  hundred  and  twenty-five  to 
twenty-eight  hundred  and  thirty-one,  inclusive. 

When  any  merchandise  is  intended  to  be  imported  from  i-s.,2820. 
any  foreign  country  into  the  port  of  Selma,  upon  the  Ala- 
bama River,  in  Alabama,  such  merchandise  may  be  entered 
at  Mobile,  and  thereafter  transported  to  Selma,  upon  com- 
pliance with  sections  twenty-eight  hundred  and  twenty-five 
to  twenty-eight  hundred  and  thirty-one,  inclusive. 

When  any  meichandise  is  intended  to  be  imported  from  1:. s.,2821. 
any  foreign  country  into  the  port  of  Houston,  upon  Trinity 
River  [Buffalo  Bayou],  in  Texas,  such  merchandise  may  be 
entered  at  the  port  of  Galveston  and  thereafter  transported 
to  Houston,  upon  compliance  with  sections  twenty-eight 
hundred  and  twenty-five  to  twenty-eight  hundred  and 
thirty-one,  inclusive. 

When  any  merchandise  is  intended  to  be  imported  from    k. s.,2822 
any  foreign  country  into  either  of  the  following  ports  of 
NAV  99,  PT  2 12 


178  PART  XV. ENTRY  OF  MERCHANDISE. 

delivery,  being  ports  upon  the  Mississippi  River  and  its 
tributaries,  namely,  Pittsburg,  in  Pennsylvania;  Wheeling, 
in  West  Virginia;  Cincinnati,  in  Ohio;  Louisville,  in  Ken- 
tucky; Saint  Louis,  in  Missouri;  Nashville,  in  Tennessee; 
and  Natchez,  in  Mississippi,  such  merchandise  may  be 
entered  at  the  port  of  New  Orleans,  or  at  either  of  such 
ports  of  entry  on  the  sea-board  as  may  be  designated  by 
the  Secretary  of  the  Treasury,  and  thereafter  transported 
to  the  port  of  delivery  for  which  the  same  is  intended,  by 
such  inland  routes  as  the  Secretary  of  the  Treasury  may 
designate,  under  such  rules  and  regulations  not  inconsistent 
with  law  as  he  may  prescribe,  in  compliance  with  sections 
twenty-eight  hundred  and  twenty -five  to  twenty-eight  hun- 
dred and  thirty-one,  inclusive,  and  subject  to  the  forfeitures 
and  penalties  therein  mentioned. 

K.  s.,  2823.  When  any  merchandise  is  intended  to  be  imported  from 

any  foreign  country  into  either  of  the  following  ports  of 
delivery,  namely :  Parkersburg,  in  West  Virginia ;  Paducah, 
in  Kentucky;  Saint  Joseph  and  Kansas  City,  in  Missouri; 
Memphis,  in  Tennessee,  Alton,  Galena,  Quincy,  and  Cairo, 
in  Illinois;  Evansville,  New  Albany,  Madison,  and  Jefier- 
sonville,  in  Indiana;  Keokuk,  Dubuque,  and  Burlington, 
in  Iowa;  Leavenworth, in  Kansas,  and  Omaha, in  Nebraska, 
such  merchandise  may  be  entered  at  the  port  of  New 
Orleans,  and  thereafter  transported  to  the  port  of  delivery 
for  which  the  same  is  intended,  in  compliance  with  sec- 
tions twenty-eight  hundred  and  twenty-five  to  twenty-eight 
hundred  and  thirty  one,  inclusive,  and  subject  to  the  for- 
feitures and  penalties  therein  mentioned. 

R.  s.,  2825.  The  importer  of  any  merchandise  destined  for  any  of  the 

Mar.  3, 1897.     ports  meutioued  in  the  eight  i^receding  sections  shall  deposit 
Sec.  16.  -jj  ^jjg  custody  of  the  surveyor  of  such  port  of  delivery  a 

schedule  of  the  goods  so  intended  to  be  imported,  with  an 
estimate  of  their  cost  at  the  place  of  exportation,  whereupon 
the  surveyor  shall  make  an  estimate  of  the  amount  of  duties 
accruing  on  the  same,  and  the  importer  or  consignee  shall 
give  bond,  with  sufficient  sureties,  to  be  approved  by  the 
surveyor,  in  double  the  amount  of  the  duties  so  estimated, 
conditioned  for  the  payment  of  the  duties  on  such  merchan- 
dise, ascertained  as  hereinafter  directed ;  and  the  surveyor 
shall  forthwith  notify  the  collector  at  the  port  of  entry  for 
the  collection-district  to  which  such  port  of  delivery  is 
attached,  of  the  same,  by  forwarding  to  him  a  copy  of  bond 
and  schedule. 

R.  s.,  2829.  The  master  or  conductor  of  any  such  vessel  or  vehicle 

arriving  at  either  of  the  ports  named  in  sections  twenty- 
eight  hundred  and  sixteen  to  twenty  eight  hundred  and 
twenty-four,  inclusive,  on  board  of  which  merchandise  shall 
have  been  shipi^ed  at  such  port  of  entry,  shall,  within  eight- 
een hours  next  after  the  arrival,  and  previously  to  unloading 
any  part  of  such  merchandise,  deliver  to  the  surveyor  of  such 
port  the  manifest  of  the  same,  certified  by  the  collector,  at 
the  port  of  entry,  and  shall  make  oath  before  the  surveyor 
that  there  was  not,  when  he  departed  from  the  port  of  entry, 
any  more  or  other  merchandise  on  board  such  boat,  vessel, 


PART  XV. ENTRY  OF  MERCHANDISE.  179 

or  vehicle  so  imported  than  is  therein  mentioned.  If  the 
master  of  such  vessel  or  vehicle  shall  neglect  or  refuse  to 
deliver  the  manifests  within  the  time  herein  directed,  he 
shall  be  liable  to  a  penalty  of  one  hundred  dollars. 

All  vessels  proceeding  to  the  ports  of  Katchez  or  Vicks-  R.  s.,  -.wj. 
burg  from  any  foreign  port  shall  stop  and  leport  their 
arrival  at  the  port  of  New  Orleans;  and  before  any  such 
vessel  shall  proceed  on  her  voyage  to  Natchez  or  Vicks- 
burg  the  collector  for  the  district  of  New  Orleans  shall 
order  on  board  any  such  vessel  a  custom-house  officer,  who 
shall  remain  on  board  such  vessel  until  her  arrival  at  Natchez 
or  Vicksbiirg.  Such  custom-house  officer  shall  take  i)os- 
session  of  and  safely  keep  all  the  papers  belonging  to  such 
vessel  having  relation  to  the  freight  or  cargo  on  board, 
which  papers  he  shall  deliver  to  the  collector  at  Natchez  or 
Vicksburg  immediately  after  his  arrival  at  that  port;  and 
any  such  vessel,  which  shall  depart  from  New  Orleans  with- 
out such  custom-house  officer  on  board,  shall  be  subject  to 
all  the  ])ains  and  penalties  provided  for  by  law  for  a  viola- 
tion of  the  revenue  laws. 

The  expenses  of  the  custom  house  officer  who  may  be  put    k-  s.,  2833. 
on  board  any  such  vessel  bound  for  Natchez  or  Vicksburg 
at  New  Orleans,  from  the  time  of  his  being  put  on  board 
until  his  return  to  New  Orleans,  shall  be  paid  by  the  owner 
of  such  vessel. 

The  master  of  any  vessel  arriving  within  the  districts  of  iis.2836. 
Petersburg  or  Richmond,  laden  with  merchandise,  belong- 
ing or  consigned  to  persons  resident  within  both  the  dis- 
tricts, shall  make  entry  of  such  vessel,  in  manner  already 
prescribed  by  law,  with  the  collector  of  that  district  wherein 
the  owner  or  consignee,  or  the  husband  or  acting  manager 
of  such  vessel,  shall  actually  reside;  and  the  master  shall, 
at  the  time  of  making  the  entry,  deliver  a  duplicate  mani- 
fest of  the  cargo  to  the  collector,  whose  duty  it  shall  then 
be  to  certify  the  same  as  a  true  copy,  and  to  transmit  it  to 
the  collector  of  the  other  district,  and  the  delivery  of  such 
merchandise  shall  be  authorized  by  permits  from  the  col- 
lector of  each  district,  respectively,  in  which  the  same  has 
been  duly  entered  according  to  law.  No  importer,  owner, 
or  consignee  of  merchandise,  residing  in  either  district, 
shall,  however,  be  admitted  to  make  an  entry  of  such  mer- 
chandise with  the  collector  of  the  district  in  which  such 
importer,  owner,  or  consignee  does  not  reside-  All  entries, 
moreover,  for  merchandise,  made  by  agents,  for  persons 
residing  in  other  districts,  shall  be  made  with  the  collector 
of  the  district  in  which  such  vessel  may  discharge. 

Vessels  owned  in  whole  or  in  part  in  the  towns  of  Edge-    RS'252o. 
comb  aiul  Newcastle  in  Maine,  having  entered  in  due  form 
of  law  at  the  i)ort  of  Wiscasset,  and  taken  on  board  an 
officer,  shall  be  permitted  to  unlade  in  the  parts  of  those 
towns  which  adjoin  Sheepscut  lliver. 

Merchandise  destined  for  either  of  the  towns  of  Kit-    ^^s-so-*. 
tery  or  Berwick,  in  Maine,  may  be,  at  the  option  of  the 
master  of  the  vessel,  entered  and  i)ermit  for  the  delivery 


180  PART  XV. ENTRY  OF  MERCHANDISE. 

thereof  obtained,  eitlier  in  the  district  of  Portsmouth,  in 
the  State  of  Xew  Hampshire,  or  in  the  district  of  York, 
in  the  State  of  Maine. 

R.s.,2537.  j^Yi  eargoes  chargeable  with  duties  intended  for  delivery 

at  the  port  of  Greenport,  in  the  State  of  New  York,  shall 
be  entered  and  the  duties  paid  at  the  port  of  Sag  Harbor, 
before  i)ermission  shall  be  granted  to  discharge  the  same 
at  Greenport. 

R.s.,2540.  ^]j  merchandise  chargeable  with   duties   intended  for 

delivery  at  the  port  of  Cold  Spring,  on  the  north  side  of 
Long  Island,  in  the  State  of  New  York,  or  at  the  port 
of  Port  Jefferson,  in  that  State,  shall  be  entered  and  the 
duties  paid  at  the  port  of  New  York,  before  permission 
shall  be  granted  to  discharge  the  same  at  Cold  Spring  or 
Port  Jefferson. 

E.s.,2581.  ^11  merchandise  transported  in  bond  to  the  port  of 

Brownsville  from  any  other  jiort  of  the  United  States,  by 
Brazos  Harbor,  may,  on  arrival  in  that  harbor,  be  trans 
shipped  under  such  regulations,  not  inconsistent  with  law, 
as  the  Secretary  of  the  Treasury  may  i>rescribe,  in  other 
vessels  for  transportation  by  the  Bio  Grande  to  Browns- 
ville; and  all  merchandise  imported  into  the  district  by 
Brazos  Harbor,  from  any  foreign  country,  may  in  like  man- 
ner be  transshipped  to  Brownsville  as  provided  for  goods, 
wares,  and  merchandise  transshipped  in  bond. 

R  s.,2588.  rpjjg  mastcr  of  every  vessel  entering  the  Columbia  River 

from  the  sea,  and  bound  for  Portland,  in  the  district  of 
Willamette,  shall  exhibit  his  papers  to  the  collector  of  the 
port  of  Astoria,  and  deposit  with  him  a  sworn  cojiy  of  the 
manifest  of  cargo.  If  the  vessel  is  laden  with  domestic 
merchandise  or  merchandise  in  bond  for  Portland,  the  col- 
lector at  Astoria  shall  permit  her  to  proceed  to  her  place  of 
destination;  but  if  she  has  dutiable  merchandise  on  board 
not  bonded,  he  shall  cause  a  customs  officer  to  ])roceed  on 
board  the  vessel  to  Portland,  who  shall  see  that  no  goods 
are  landed  from  such  vessel  before  her  arrival  and  entry 
at  the  latter  port.  The  necessary  expenses,  including  the 
per  diem  of  such  officer  and  the  expense  of  his  return  to 
Astoria,  shall  be  paid  by  the  master  of  such  vessel  to  the 
collector  of  customs  at  Portland,  for  the  use  of  the  United 
States,  before  permit  shall  be  given  to  unload. 

R.s.,2500.  When  a  vessel  shall  arrive  at  Astoria,  in  the  district  of 

Oregon,  from  sea,  having  merchandise  on  board  for  that 
place  and  also  for  Portland,  in  the  district  of  -Willamette, 
such  vessel  shall  enter  at  Astoria  and  discharge  such  i^or- 
tion  of  her  cargo  as  is  destined  for  that  place,  wherenpon 
the  collector  shall  cause  her  hatches  to  be  closed  and  sealed, 
and  shall  then  permit  her  to  proceed  to  Portland  in  charge 
of  a  customs  officer. 

E.s.,20G7.  Merchandise  imported  into  the  port  of  Louisville,  and 

destined  for  Jeftersonville,  may  belauded  and  warehoused 
at  Jeffersonville,  under  tlie  custody  and  control  of  the 
surveyor  of  the  port  of  Louisville. 


PART  XV. ENTRY  OF  MERCHANDISE.  181 

The  Secretary  of  the  Treasury  may  extend  the  privileges    ^  ^  •  ^oes. 
of  the  provisions  rehitiiig  to  warehouses,  and  the  regula- 
tions of  the  Treasury  Department  relating  thereto,  to  the 
j)ort  of  Albany. 

The  collector  of  the  district  of  Philadelphia  may  grant  J'  ^^.^sfi'-- 
permits  for  the  transportaticm  of  merchandise  of  foreign 
growth  or  manufacture  across  the  State  of  New  Jersey  to 
the  district  of  New  York,  or  across  the  State  of  Delaware 
to  any  district  in  the  State  of  Maryland  or  Virginia;  and 
the  collector  of  the  district  of  New  York  may  grant  like 
permits  for  transportation  across  the  State  of  New  Jersey; 
and  the  collector  of  any  district  of  Maryland  or  Virginia 
may  grant  like  permits  for  transportation  across  the  State 
of  Delaware  to  the  district  of  Philadelphia.  Every  such 
permit  shall  express  the  name  of  the  owner,  or  person 
sending  the  merchandise,  and  of  the  person  to  whom  the 
merchandise  is  consigned,  with  the  marks,  numbers,  and 
description  of  the  packages,  whether  bale,  box,  chest,  or 
otherwise,  and  the  kind  of  goods  contained  therein,  and 
the  date  when  granted;  and  the  owner,  or  person  sending 
such  goods,  shall  swear  that  they  were  legally  imported, 
and  the  duties  paid.  Where  the  merchandise,  to  be  so 
transported,  shall  be  of  less  value  than  eight  hundred 
dollars,  the  permit  shall  not  be  deemed  necessary. 

The  owner  or  consignee  of  all  merchandise  transported  i-s.,4363. 
under  the  provisions  of  the  preceding  section  and  for  the 
transportation  whereof  a  permit  is  necessary,  shall,  within 
twenty -four  hours  after  the  arrival  thereof  at  the  place  to 
which  such  merchandise  was  permitted  to  be  transported, 
report  the  same  to  the  collector  of  the  district  where  it  has 
arrived,  and  shall  deliver  up  the  permit  accompanying  the 
same;  and  if  the  owner  or  consignee  shall  neglect  or  refuse 
to  make  due  entry  of  such  merchandise  within  the  time  and 
in  the  manner  directed,  all  such  merchandise  shall  be  sub- 
ject to  forfeiture;  and  if  the  permit  granted  shall  not  be 
given  up  within  the  time  limited  for  making  the  report,  the 
person  to  whom  it  was  granted,  neglecting  or  refusing  to 
deliver  it  up,  shall  be  liable  to  a  penalty  of  fifty  dollars  for 
every  twenty -four  hours  it  shall  be  withheld  afterward. 

214.  Clearance  at  special  ports. 

Any  vessel  owned  by  or  consigned  to  any  person  in  the  K.s.,2554. 
collection-district  of  liichmond,  and  which  shall  be  loaded, 
in  whole  or  in  part,  in  the  district  of  Petersburg,  by  such 
owner  or  consignee,  may  be  cleared  by  the  collector  of  the 
district  of  Richmond,  on  application  of  the  owner,  con- 
signee, or  captain  of  such  vessel. 

All  vessels  clearing  from  Portland,  in  the  district  of  Wil-  i'-  ^  -  2r,?o. 
lamette,  and  bound  to  sea,  shall,  on  arrival  at  Astoria,  in 
the  district  of  Oregon,  report  to  the  collector;  and  the 
master  of  every  vessel  so  reporting  shall  leave  a  copy  of 
his  manifest,  including  any  additional  cargo  taken  on  board 
after  leaving  Portland,  with  the  collector  at  Astoria,  and 
thereupon  shall  be  allowed  to  proceed  to  sea.  The  master 
or  other  person  in  charge  or  command  of  any  vessel  enter- 


182  PART  XV. ENTRY  OF  MERCHANDISE. 

ing-  the  Columbia  Eiver  from  the  sea,  or  clearing  from  Port- 
laud  aud  bound  to  sea  as  described  in  this  sectiou,  who 
shall  neglect  to  exhibit  his  papers,  or  to  report  to  the  col- 
lector, or  to  deposit  his  manifest,  as  herein  required,  shall 
be  liable  to  a  penalty  of  one  hundred  dollars. 

K.s.,4208.  The  master  or  person  having  charge  or  command  of  any 

steamboat  on  Lake  Champlaiu,  when  going  from  the  United 
States  into  the  province  of  Quebec,  may  deliver  a  manifest 
of  the  cargo  on  board,  and  take  a  clearance  from  the  col- 
lector of  the  district  through  which  any  such  boat  shall  last 
])ass,  when  leaving  the  United  States,  without  regard  to 
the  place  from  which  any  such  boat  shall  have  commenced 
her  voyage,  or  where  her  cargo  shall  have  been  taken  on 
board. 

215.  Entry  of  merchandise  for  different  port  of  destination. 

R.  s.,  28'j6.  The  importer,  or  his  agent,  may  enter  merchandise  at  the 

port  of  entry  for  the  collection-district  into  which  it  is  to 
be  imiDorted  in  the  usual  manner;  and  the  collector  shall 
grant  a  permit  for  the  landing  thereof,  and  cause  the  duties 
to  be  ascertained  as  in  other  cases,  the  goods  remaining  in 
the  custody  of  the  collector  until  reshipped  for  the  place  of 
destination.  The  collector  shall  certify  to  the  surveyor  at 
such  place  the  amount  of  such  duties,  which  the  surveyor 
shall  enter  on  the  margin  of  the  bond  given  to  secure  the 
same;  and  the  merchandise  shall  be  delivered  by  the  col- 
lector to  the  agent  of  the  importer  or  consignee,  duly 
authorized  to  receive  the  same,  for  shij)ment  to  the  i)lace 
of  destiruition. 

i^.  s.,  2827.  The  master  or  conductor  of  every  vessel  or  vehicle  in  which 

such  merchandise  shall  be  trausjiorted,  shall,  x^reviously 
to  departure  from  the  port  of  entry,  deliver  to  the  collector 
duplicate  manifests  of  such  merchandise,  specifying  the 
marks  and  numbers  of  every  case,  bag,  box,  chest,  oj'  pack- 
age, containing  the  same,  with  the  name  aud  place  of 
residence  of  every  importer  or  consignee  of  such  merchan- 
dise, and  the  quantity  shii)ped  to  each,  to  be  by  him 
subscribed,  and  to  the  truth  of  which  he  shall  swear,  and 
that  the  merchandise  has  been  received  on  board  his  vessel 
or  vehicle,  stating  the  name  of  the  agent  who  shipped  the 
same;  and  the  collector  shall  certify  the  facts,  on  the  mani- 
fests, one  of  which  he  shall  return  to  the  master,  with  a 
permit  thereto  annexed,  authorizing  him  to  proceed  to  the 
l)lace  of  his  destination. 

R.s.,2828.  If  any  vessel  or  vehicle  having  such   merchandise  on 

board  shall  depart  from  the  port  of  entry  without  having 
complied  with  the  provisions  of  the  preceding  section,  the 
master  or  conductor  thereof  shall  be  liable  to  a  penalty  of 
live  hundred  dollars. 

216.  Comparison  of  cargo  and  manifest. 

R.s.,2830.  The  surveyor  at  the  port  of  delivery  shall  cause  the 

casks,  bags,  boxes,  chests,  or  packages,  to  be  inspected,  and 
compared  with  the  manifests,  and  the  aame  being  identified 


PART  XV. ENTRY  OF  MERCHANDISE.  183 

be  shall  grant  a  i)onnit  tor  unloading  the  same,  or  such  jtart 
thereofas  the  niasterorconduclor  shall  request;  and  when 
a  part  oidy  of  such  merchandise  is  intended  to  be  landed 
the  surveyor  shall  make  an  indorsement  on  the  back  of  the 
manifests,  designating  such  part,  specifying  the  articles  to 
be  landed,  and  shall  return  the  manifests  to  the  master  or 
conductor,  indorsing  thereon  his  permission  to  such  vessel 
or  vehicle  to  proceed  to  the  i)lace  of  its  destination. 

217.  Collection  of  duties. 

The  collector  at  such  port  of  entry  shall  i)erniit  no  entry  r.s.,283i. 
to  be  made  of  merchandise,  where  the  duty  on  the  same 
shall  exceed  the  amount  of  the  boiul  deposited  with  the 
surveyor,  nor  shall  the  surveyor  receive  the  bond  of  any 
person  for  a  sum  less  than  tifty  dollars.  When  the  bond 
has  been  completed,  and  the  actual  amount  of  duty  ascer- 
tained and  certified  on  the  margin,  the  surveyor  of  the  port 
where  the  bond  is  taken  shall  collect  said  duties  and  pay 
the  same  into  the  Treasury  of  the  United  States. 

218.  Permit  to  deliver. 

The  collector  jointly  with  the  naval  officer,  if  any,  or  r.s.,2869. 
alone  where  there  is  none,  shall,  according  to  the  best  of 
his  or  their  judgment  or  information,  make  a  gross  estimate 
of  the  amount  of  the  duties  on  the  merchandise  to  which 
the  entry  of  any  owner  or  consignee,  his  factor  or  agent, 
shall  relate,  which  estimate  shall  be  indorsed  upon  such 
entry  and  signed  by  the  officer  making  the  same.  The 
amount  of  the  estimated  duties  having  been  first  paid,  or 
secured  to  be  paid,  pursuant  to  the  ])rovisions  of  this  Title, 
[R.  S.  2517-3129]  the  collector  shall,  together  with  the  naval 
officer,  where  there  is  one,  or  alone  where  there  is  none, 
grant  a  permit  to  deliver  the  merchandise,  whereof  entry 
has  been  so  made,  and  then,  and  not  before,  it  shall  be  law-  June  5, 1894. 
ful  to  deliver  the  merchandise. 

All  permits  shall  specify,  as  j)articularly  as  may  be,  the  r.  s.,287o. 
merchandise  to  be  delivered,  namely,  the  number  and  de- 
scription of  the  packages,  whether  trunk,  bale,  chest,  box, 
case,  pipe,  hogshead,  barrel,  keg,  or  any  other  packages 
whatever,  with  the  mark  and  number  of  each  package,  and, 
as  far  as  circumstances  will  admit,  the  contents  thereof, 
together  with  the  names  of  the  vessel  and  master,  in  which 
and  the  place  from  whence  they  were  imported;  and  no 
merchandise  shall  be  delivered  by  any  inspector  or  other 
officer  of  the  customs  that  does  not  fully  agree  with  the 
description  thereof  in  such  permit. 

219.  Preliminary  entry  and  unlading. 

The  master  of  any  stean)ship,  trading  between  foreign  Junes, i894. 
ports  and  ports  in  the  United  States,  and  running  in  a 
regularly  established  steamship  line,  which  line  shall  have 
been  in  existence  and  running  steamers  in  the  foreign  trade 
for  not  less  than  one  year  jjrevious  to  the  application  of  the 
privilege  extended  by  this  Act,  arriving  in  a  port  of  entry 
may  make  preliminary  entry  of  the  vessel  by  making  oath 


184  PART  XV. ENTRY  OF  MERCHANDISE. 

or  aflfirmation  to  the  truth  of  the  statements  contained  in 
his  manifest  and  delivering  said  manifest  to  the  customs 
officer,  who  shall  board  said  vessel,  whereupon  the  unlad- 
ing of  such  vessel  may  proceed  upon  arrival  at  the  wharf, 
under  such  regulations  as  the  Secretary  of  the  Treasury 
shall  prescribe,  but  nothing  in  this  Act  shall  relieve  the 
master  of  any  vessel  from  subsequent  compliance  with  the 
provisions  of  existing  laws  regarding  the  report  and  entry 
of  vessels  at  the  custom  house.  Customs  officers  acting  as 
boarding  officers^  and  any  customs  officer  who  may  be  desig- 
nated for  that  purpose  by  the  collector  of  the  i)ort,  are 
hereby  authorized  to  administer  the  oath  or  affirmation 
herein  provided  for. 

220.  Illegal  unlading. 

K.  s.,2867.  If  after  the  arrival  of  any  vessel  laden  with  merchandise 

and  bound  to  the  United  States,  within  the  limits  of  any 
collection-district,  or  within  four  leagues  of  the  coast,  any 
part  of  the  cargo  of  such  vessel  shall  be  unladen,  for  any 
purpose  whatever,  before  such  vessel  has  come  to  the 
proper  i^lace  for  the  discharge  of  her  cargo,  or  some  i^art 
thereof,  and  has  been  there  duly  authorized  by  the  proper 
officer  of  the  customs  to  unlade  the  same,  the  master  of 
such  vessel  and  the  mate,  or  other  person  next  in  command, 
shall  respectively  be  liable  to  a  penalty  of  one  thousand 
dollars  for  each  such  offense,  and  the  merchandise  so  un- 
laden shall  be  forfeited,  except  in  case  of  some  unavoid- 
able accident,  necessity,  or  distress  of  weather.  In  case 
of  such  unavoidable  accident,  necessity,  or  distress,  the 
master  of  such  vessel  shall  give  notice  to,  and,  together 
with  two  or  more  of  the  officers  or  mariners  on  board  such 
vessel,  of  whom  the  mate  or  other  person  next  in  command 
shall  be  one,  shall  make  proof  upon  oath  before  the  col- 
lector, or  other  chief  officer  of  the  customs  of  the  district, 
within  the  limits  of  which  such  accident,  necessity,  or  dis- 
tress happened,  or  before  the  collector,  or  other  chief 
officer  of  the  collection-district,  within  the  limits  of  which 
such  vessel  shall  first  afterward  arrive,  if  the  accident, 
necessity,  or  distress  happened  not  within  the  limits  of 
any  district,  but  within  four  leagues  of  the  coast  of  the 
United  States.  The  collector,  or  other  chief  officer,  is 
hereby  authorized  and  required  to  administer  such  oath. 

E.s.,2868.  If  any  merchandise,  so  unladen  from  on  board  any  such 

vessel,  shall  be  put  or  received  into  any  other  vessel,  ex- 
cept in  the  case  of  such  accident,  necessity,  or  distress,  to 
be  so  notified  and  proved,  the  master  of  any  such  vessel 
into  which  the  merchandise  shall  be  so  put  and  received, 
and  every  other  i^erson  aiding  and  assisting  therein,  shall 
be  liable  to  a  penalty  of  treble  the  value  of  the  merchan- 
dise, and  the  vessel  in  which  they  shall  be  so  put  shall  be 
forfeited. 

221.  Special  permit  to  unlade  by  night. 

E.s.,2871.  The  collector  of  customs,  with  the  concurrence  of  the 

naval  officer,  where  there  is  one,  of  any  port  at  which  a 


PART  XV. ENTRY  OF  MERCHANDISE.  185 

steamslii])  from  a  forei<;ii  i)()it  or  place  may  arrive,  upon  or 
after  tlie  issuing:  of  a  jjeiieral  order,  sliall  grant,  njjon  proper 
application  tberefor,  a  special  license  to  unlade  tlie  cargo 
of  said  vessel  at  night,  that  is  to  say,  between  sunset  and 
sunrise,  but  before  any  such  special  license  is  granted,  the 
master,  agent,  or  consignees  of  the  vessel  shall  exe(;ute 
and  deliver  to  the  (iollector  a  good  and  sullicient  bond,  to 
be  approved  by  him,  conditioned  to  indemnify  and  save 
the  collector  harndess  from  any  and  all  losses  and  liabili- 
ties which  may  occur  or  be  occasioned  by  reason  of  the 
granting  of  such  special  license.  Ami  any  liability  of  the 
master  or  owner  of  any  such  steamship  to  the  owner  or  con- 
signee of  any  merchandise  landed  from  her  shall  not  be 
allected  by  the  granting  of  such  special  license  or  of  any 
general  order,  but  such  liability  shall  continue  until  the 
merchandise  is  properly  removed  from  the  dock  whereon 
thesamemay  be  landed.  The  collector,  under  such  general 
regulations  as  the  Secretary  of  the  Treasury  may  i)rescribe, 
shall  fix  a  uniform  and  reasonable  rate  of  compensation  for 
like  service,  to  be  paid  by  the  master,  owner,  or  consignee, 
whenever  such  special  license  is  granted,  and  shall  collect 
and  distribute  the  same  among  the  inspectors  assigned  to 
superintend  the  unlading  of  the  cargo. 

222.  Unlading  by  day. 

Except  as  authorized  by  the  preceding  section,  no  mer-  r.s.,2872. 
chandise  brought  in  any  vessel  from  any  foreign  port  shall 
be  unladen  or  delivered  from  such  vessel  within  the  Tnited 
States  but  in  open  day — that  is  to  say,  between  the  rising 
and  the  setting  of  the  sun — except  by  special  license  from 
the  collector  of  the  ])ort,  and  naval  officer  of  the  same, 
where  there  is  one,  for  that  purpose,  nor  at  any  time  with- 
out a  permit  from  the  collector,  and  naval  officer,  if  any,  for 
such  unlading  or  delivery. 

When  the  license  to  unload  between  the  setting  and  Juno^c,  i884. 
rising  of  the  sun  is  granted  to  a  sailing  vessel  under  this  sec.25. 
section,  a  fixed,  uniform,  and  reasonable  compensation  may 
be  allowed  to  the  inspector  or  inspectors  for  service  between 
the  setting  and  rising  of  the  sun,  under  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe,  to  be  received 
by  the  collector  from  the  master,  owner,  or  consignee  of  the 
vessel,  and  to  be  paid  by  him  to  the  inspector  or  inspectors. 

If  any  merchandise  shall  be  unladen  or  delivered  from  r.  s./jsts. 
any  vessel  contrary  to  the  preceding  section,  the  master  of 
such  vessel,  and  every  other  person  who  shall  knowingly 
be  concerned,  or  aiding  therein,  or  in  removing,  storing,  or 
otherwise  securing  such  merchandise,  shall  each  be  liable 
to  a  penalty  of  four  hundred  dollars  for  each  offense,  and 
shall  be  disabled  from  holding  any  office  of  trust  or  profit 
under  the  United  States,  for  a  term  not  exceeding  seven 
years;  and  the  collector  of  the  district  shall  advertise  the 
name  of  such  person  in  a  newspaper  jirinted  in  the  State  in 
which  he  resides,  within  twenty  days  after  each  respective 
conviction. 


186  PART  XV. ENTRY  OF  MERCHANDISE. 

R.s.,2874.  AH  merchandise,  so  unladen  or  delivered  contrary  to  the 

provisions  of  section  twenty-eight  Imndred  niul  seventy- 
two,  shall  become  forfeited,  and  may  be  seized  by  any  of  the 
officers  of  the  customs;  and  where  the  value  thereof,  accord- 
ing to  the  highest  market  price  of  the  same,  at  the  port  or 
district  where  landed,  shall  amount  to  four  hundred  dollars, 
the  vessel,  tackle,  apparel,  and  furniture  shall  be  subject 
to  like  forfeiture  and  seizure. 

223.  Supervision  of  unlading. 

K.s.,28T5.  The  collector  of  any  district  at  which  any  vessel  arrives, 

immediately  on  her  first  coming  within  such  district,  or  the 
surveyor  of  any  port  where  such  vessel  is,  may  put  and 
keep  on  board  such  vessel,  while  remaining  within  such 
district,  or  in  going  from  one  district  to  another,  one  or 
more  inspectors  to  examine  the  cargo  or  contents  of  such 
vessel,  and  to  superintend  the  delivery  thereof,  or  of  so 
much  thereof  as  shall  be  delivered  within  the  United  States, 
and  to  ])erform  such  other  duties  according  to  law,  as  they 
shall  be  directed  by  the  collector,  or  surveyor,  to  perform 
for  the  better  securing  the  collection  of  the  duties.  Only 
collectors  shall  have  i)ower,  however,  to  put  inspectors  on 
board  vessels  to  go  from  one  district  to  another. 

R.s.,2876.  The  inspector  shall  make  known  to  the  master  of  such 

vessel  the  duties  he  is  to  ]>erform;  and  shall  suffer  no  mer- 
chandise to  be  unladen,  or  otherwise  removed  from  such 
vessel,  Avithout  a  permit  in  writing  from  the  collector  of  the 
port,  :md  naval  officer  thereof,  if  any.  The  inspector  shall 
enter  in  a  book,  to  be  by  him  kept  according  to  such  a  form 
as  shall  be  i)rescribed  or  ai)proved  by  the  collector,  the 
name  of  the  person  in  whose  behalf  such  permits  are 
granted,  together  with  the  particulars  therein  specified,  and 
the  marks,  numbers,  kinds,  and  description  of  the  respec- 
tive packages  which  shall  be  unladen  pursuant  thereto, 
and  shall  keep  a  like  account  in  the  book  of  all  merchan- 
dise which,  not  having  been  entered  within  the  time  limited 
by  this  Title  [K.  S.  2517-3129],  or  for  some  other  cause,  has 
been  sent  to  the  store  or  warehouse  provided  for  the  recep- 
tion of  such  merchandise;  such  book  shall  be  delivered  to 
the  surveyor  in  the  month  of  January  in  every  year  for  his 
inspection,  and  immediately  alter  such  inspection  be  trans- 
mitted by  the  surveyor,  with  such  observations  as  he  may 
think  necessary  thereon,  to  the  collector,  to  be  deposited 
in  his  office. 

R.  s.,  2877.  The  inspector  shall  attend  to  the  delivery  of  the  cargo 

under  his  care,  at  all  times  when  the  unlading  or  delivery 
of  merchandise  is  lawful,  particularly  from  the  rising  to  the 
setting  of  the  sun  on  each  day,  Sundays  and  the  fourth 
day  of  July  in  each  year  excepted;  for  which  purpose  he 
shall  constantly  attend  and  remain  on  board  the  vessel,  the 
deliveries  from  which  he  is  to  superintend,  or  at  any  other 
station  where  his  inspection  is  necessary.  The  inspector 
shall  not  quit  such  station  or  place  without  the  leave  of  the 
surveyor  of  the  port  first  obtained,  who  shall  appoint 
another  inspector,  if  he  deems  it  necessary,  to  supplj'  the 


PART  XV. ENTRY  OF  MERCHANDISE.  187 

l)iace  of  such  inspector  duriuj^  his  absence;  and  any  in 
spector  who  sliall  neglect  or  in  any  manner  act  contrary 
to  the  duties  licreby  eujoiued,  sliall  tor  the  first  olfense  be 
liable  to  a  penalty  of  the  sum  of  titty  dollars,  and  for  the 
second  ollense  shall  be  disi)laccd,  and  beincai)able  of  hold- 
ing any  station  of  trust  or  profit  under  the  revenue  laws 
of  the  United  States,  for  a  term  not  exceeding  seven  years. 

No  inspector  shall  perform  any  other  duties  or  service  on  i:.  s.,  i-hts. 
boardany  vessel,  the  superintendence  of  which  is  committed 
to  him,  for  any  person  whatever,  other  than  what  is  required 
by  this  Title  [K.  S.,  2517-;il2!>|,  under  the  penalty  of  being 
disabled  from  acting  any  longer  as  an  inspector  of  the  cus 
toms;  the  wages  or  compensation  of  such  inspector  as  may 
proceed  from  one  district  to  another,  shall  be  defrayed  by 
the  master  of  the  vessel  committed  to  his  care;  every  in- 
spector or  other  otticer  of  the  revenue,  while  i)erforming 
any  duty  on  board  any  vessel,  not  in  a  port  of  the  United 
States,  discharging  her  cargo,  shall  be  entitled  to  receive 
from  the  master  of  such  vessel  such  in-ovisions  and  accom- 
modations as  are  usually  supplied  to  passengers,  or  as  the 
state  and  condition  of  such  vessel  will  admit,  on  receiving 
therefor  fifty  cents  a  day;  and  any  master  of  any  vessel 
who  shall  refuse  such  provisions  and  reasonable  accommo- 
dations shall  be  liable  to  a  i^enalty  of  one  hundred  dollars. 

If,  by  reason  of  the  delivery  of  the  cargo  in  several  dis-  k.  s.,  2879. 
tricts,  more  than  the  term  allowed  by  law  shall  in  the 
whole  be  spent  therein,  the  wages  or  compensation  of  the 
inspector  who  may  be  employed  on  board  of  any  vessel,  in 
respect  to  which  such  term  may  be  so  exceeded,  shall,  for 
every  day  of  such  excess,  be  i)aid  by  the  master  or  owner; 
and  the  inspector  shall,  previously  to  the  clearance  of  the 
vessel,  render  an  exact  account  to  the  collector  of  all  such 
compensation  as  has  been  paid,  or  is  due  and  payable  by 
the  master  or  owner. 

The  inspector  who  maybe  put  on  board  of  any  vessel  i-s.^"™- 
shall  secure,  after  sunset  in  each  evening,  or  previous  to 
his  quitting  the  vessel,  the  hatches  and  other  communica- 
tions with  the  hold  of  such  vessel,  or  any  other  part  thereof 
he  may  judge  necessary,  with  locks  or  other  proper  fasten- 
ings, which  locks  or  other  fastenings  shall  not  be  opened, 
broken,  or  removed  until  the  morning  following,  or  after 
the  rising  of  the  sun,  and  in  the  presence  of  the  inspector 
by  whom  the  same  were  affixed,  except  by  special  license 
from  the  collector  of  the  port,  and  the  naval  otficer,  if  any, 
first  obtained.  If  the  locks  or  other  fastenings,  or  any  of 
them,  are  broken  or  removed  contrary  to  this  section,  or  if 
any  merchandise  or  packages  are  clandestinely  landed, 
notice  thereof  shall  be  immediately  given  by  the  inspector 
to  the  collector  and  naval  officer,  if  any,  of  the  port  where 
the  vessel  may  be;  and  the  master  of  such  vessel  shall,  for 
each  or  every  such  offense,  be  liable  to  a  penalty  of  five 
hundred  dollars. 


188  PART  XV. ENTRY  OF  MERCHANDISE. 

224.  Limit  of  time  for  unlading. 

R.s.,2880.  Whenever  any  merchandise  shall  be  imported  into  any- 

port  of  the  United  States  from  any  foreijiii  port,  in  any  ves- 

M:iy9,i89G.  gg]^  r^^^  ^]^q  cxpiratiou  of  ten  working  days  if  the  vessel  is 
less  than  five  hundred  tons  register,  and  within  fifteen  work- 
ing days  if  it  is  of  five  hundred  tons  register  and  less  than 
one  thousand,  and  within  twenty  working  days  if  it  is  of 
one  thousand  tons  register  and  less  than  fifteen  hundred,  and 
within  twenty-five  working  days  if  it  is  of  fifteen  hundred 
tons  register  and  upward,  not  including  legal  holidays  and 
days  when  the  condition  of  the  weather  i)revents  the  unlad- 
ing of  the  vessel  with  safety  to  its  cargo,  after  the  time 
withinwhichthereportof  themaster  of  any  vessel  isrequired 
to  be  made  to  the  collector  of  the  district,  if  there  is  found 
any  merchandise  other  than  has  been  reported  for  some  other 
district  or  some  foreign  port,  the  collector  shall  take  pos- 
session thereof;  but  with  the  consent  of  the  owner  or  con- 
signee of  any  merchandise,  or  with  the  consent  of  the  owner 
or  master  of  the  vessel  in  which  the  same  may  be  imported, 
the  merchandise  may  be  taken  possession  of  by  the  collector 
after  one  day's  notice  to  the  collector  of  the  district.  All 
merchandise  so  taken  shall  be  delivered  pursuant  to  the 
order  of  the  collector  of  the  district,  for  which  a  certificate 
or  receipt  shall  be  granted. 

R.S..2881.  The  limitation  of  time  for  unlading,  prescribed  by  the 

.iuuo3,i«i»2.     preceding  section,  shall  not  extend  to  vessels  laden  exclu- 
^''''■^'  sively  with  coal,  salt,  sugar,  hides,  dyewoods,  wool,  or  jute 

butts,  consigned  to  one  consignee,  arriving  at  a  port  for 
orders;  but  if  the  master  of  any  such  vessel  requires  a 
longer  time  to  discharge  her  cargo,  the  wages  or  compen- 
sation of  the  inspector,  for  every  day's  attendance  exi  eed- 
iug  the  number  of  days  allowed  by  law,  shall  be  paid  by 
the  master  or  owner;  and  thereupon  the  collector  is  hereby 
authorized  and  required  to  allow  such  longer  time,  not 
exceeding  fifteen  days. 

R.s.,29G9.  All  merchandise  of  which  the  collector  shall  take  pos- 

session under  the  provisions  relating  to  the  time  for  the 
discharge  of  a  vessel's  cargo  shall  be  kept  with  due  and 
reasonable  care  at  the  charge  and  risk  of  the  owner. 

225.  Weighing,  gauging,  and  measuring. 

R.s.,2882.  No  merchandise,  brought  in  any  vessel,  from  any  foreign 

port  or  place,  requiring  to  be  weighed,  gauged,  or  meas- 
ured, in  order  to  ascertain  the  duties  thereupon,  shall, 
without  the  consent  of  the  proper  officer,  be  removed  from 
any  wharf,  or  place,  npon  which  the  same  may  be  landed  or 
put,  before  the  same  shall  have  been  so  weighed,  gauged,  or 
measured,  and  if  spirits,  wines,  or  sugars,  before  the  proof 
or  quality  a!id  quantity  thereof  is  ascertained  and  marked 
thereon,  by  or  under  the  direction  of  the  proper  officer; 
and  if  any  such  merchandise  shall  be  removed  from  such 
wharf  or  place,  unless  with  the  consent  of  the  proper  offi- 
cer, obtained  before  the  same  has  been  so  weighed,  gauged, 
or  measured,  and  if  spirits,  wines,  or  sugars,  before  the 


PART   XV. ENTRY    OF    MERCHANDISE.  1.S9 

proof  or  quality  and  quantity  bas  been  so  ascertained  and 
marked,  the  same  shall  be  forfeited,  and  may  be  seized  by 
any  oflicer  of  the  customs  or  inspection. 

226.  Unlading  of  wines  and  spirits. 

Every  permit  for  the  unlading^  of  spirits,  wines,  or  any  its., 2883. 
part  thereof,  shall,  previous  to  such  lauding  or  unlading 
thereof,  be  produced  to  the  oflicer  of  inspection,  who  shall 
record  or  register  in  proper  books  the  contents  thereof, 
and  shall  indorse  thereupon  the  word  "Inspected,"  the 
time  when,  and  his  own  name;  after  which  he  shall  return 
the  permit  to  the  person  by  whom  it  was  produced,  and 
then,  and  not  otherwise,  it  shall  be  lawful  to  land  the 
spirits,  or  wines,  therein  specified;  and  if  spirits  or  wines 
shall  be  landed  without  such  indorsement  upon  the  permit 
granted  for  that  purpose,  the  master  of  the  vessel  from 
which  the  same  shall  have  been  so  landed  shall  for  every 
such  offense  be  liable  to  a  penalty  of  five  hundred  dollars, 
and  the  spirits  or  wines  so  landed  shall  be  forfeited. 

All  distilled  spirits,  and  wines,  shall  be  landed  under  R.s.,2884. 
the  inspection  of  the  surveyor,  or  other  officer  acting  as 
inspector  of  the  revenue  for  the  port,  and  such  of  the  in- 
spectors of  the  customs  as  shall  be  deputed  by  him  for  that 
purpose,  and  not  otherwise,  on  pain  of  forfeiture  thereof, 
for  which  purpose  the  officer  shall  at  all  reasonable  times 
attend.  This  shall  not,  however,  be  construed  to  exclude 
the  inspection  of  any  ofiflcer  of  the  customs,  as  now  or  here- 
tofore practiced. 

The  officers  of  inspection  of  any  port  where  distilled  e.s.,2:?8,). 
spirits  or  wines  shall  be  landed,  shall,  upon  the  landing 
thereof,  and  as  soon  as  the  casks,  vessels,  and  cases  con- 
taining the  same  shall  be  inspected,  gauged,  or  measured, 
brand  or  otherwise  mark  in  durable  characters,  the  several 
casks,  vessels,  and  cases  containing  the  same,  and  the 
marks  shall  express  the  number  of  casks,  vessels,  or  cases, 
whether  of  spirits  or  wines,  marked  by  each  officer  resjiec- 
tively,  in  each  year,  in  progressive  numbers  for  each  of  the 
articles ;  also  the  port  of  imi)ortation,the  name  of  the  vessel, 
and  the  surname  of  the  master;  also  each  kind  of  spirits 
or  wines,  for  which  different  rates  of  duty  are  or  shall  be 
imiiosed,  the  number  of  gallons  in  each  cask  or  case,  and 
the  rate  of  proof  if  spirits ;  also  the  name  of  the  surveyor 
or  chief  officer  of  inspection  for  the  port,  and  the  date  of 
imjiortation;  of  all  which  i)articulars  the  chief  officers  of 
inspection  shall  keep  fair  and  correct  accounts,  in  books 
to  be  provided  for  that  purpose. 

On  the  sale  of  any  cask,  vessel,  or  case,  which  has  been  u.s.,288o. 
or  shall  be  marked  as  containing  distilled  spirits  or  wines, 
and  which  has  been  emptied  of  its  contents,  and  prior  to 
the  delivery  thereof  to  the  purchaser,  or  any  removal 
thereof,  the  marks  and  numbers,  which  shall  have  been 
set  thereon  by  or  under  the  direction  of  any  officer  of 
inspection,  shall  be  defaced  and  obliterated  in  the  presence 
of  some  officer  of  inspection  or  of  the  customs,  who  shall, 


190  PART  XV. ENTRY  OF  MERCHANDISE. 

on  due  notice  being  given,  attend  for  that  purpose,  at 
which  time  the  certificate  which  ought  to  accompany  such 
chest,  vessel,  or  case,  shall  also  be  returned  and  canceled. 
Every  person  who  shall  obliterate,  counterfeit,  alter,  or 
deface  any  mark  or  number  placed  by  an  officer  of  inspec- 
tion upon  any  cask,  vessel,  or  case,  containing  distilled 
spirits  or  wines,  or  any  certificate  thereof;  or  who  shall 
sell  or  in  any  way  alienate  or  remove  any  cask,  vessel,  or 
case,  which  has  been  emptied  of  its  contents,  before  the 
marks  and  numbers,  set  thereon  pursuant  to  the  provisions 
of  the  preceding  section,  shall  have  been  defaced  or  oblit- 
erated, in  presence  of  an  officer  of  inspection;  or  who  shall 
neglect  or  refuse  to  deliver  the  certificate  issued  to  accom- 
pany the  cask,  chest,  vessel,  or  case,  of  which  the  marks 
and  numbers  shall  have  been  defaced  or  obliterated  in 
manner  aforesaid,  on  being  thereto  required  by  an  officer 
of  inspection  or  of  the  customs,  shall  for  every  such  offense 
be  liable  to  a  x)enalty  of  one  hundred  dollars,  with  costs  of 
suit. 

227.  Post  entry. 

7  '..,2887.  If  any  package  whatever  which  has  been  so  reported  is 

wanting,  and  not  found  on  board  such  vessel,  or  if  the  mer- 
chandise on  board  such  vessel  does  not  otherwise  agree 
with  the  report  or  manifest  delivered  by  the  master  of  any 
such  vessel,  in  every  such  case  the  master  shall  be  liable  to 
a  penalty  of  five  hundred  dollars;  except  that  if  it  is  made 
to  appear  to  the  satisfaction  of  the  collector,  naval  officer, 
and  surveyor,  or  to  the  major  part  of  them  where  those  offi- 
cers are  established  at  any  port,  or  to  the  satisfaction  of  the 
collector  alone  where  neither  of  the  others  is  established,  or 
in  case  of  trial  for  the  penalty,  to  the  satisfaction  of  the 
court,  that  no  part  whatever  of  merchandise  of  such  vessel 
has  been  unshipped,  landed,  or  unladen  since  it  was  taken 
on  board,  except  as  specified  in  the  report  or  manifest, 
and  pursuant  to  permits,  or  that  the  disagreement  is  by 
accident  or  mistake,  in  such  case  the  penalty  shall  not 
be  inflicted.  But  in  all  such  cases  the  master  of  any  vessel 
shall  be  required  and  shall  make  a  post  entry  or  addition  to 
the  report  or  manifest  by  him  delivered  of  any  and  all  mer- 
chandise omitted  to  be  included  and  reported  in  such  man- 
ifest; and  it  shall  not  be  lawful  to  grant  a  permit  to  unlade 
any  such  merchandise  so  omitted  before  such  post  entry  or 
addition  to  such  report  or  manifest  has  been  made. 

228.  Returns  of  unlading  of  cargo. 

R.s  ,2888.  When  the  delivery  of  merchandise  from  on  board  of  any 

vessel  is-completed,  copies  of  the  accounts  or  entries  which 
have  been  kept  or  made  thereof,  by  the  officer  charged 
with  the  deliveries,  shall  be  returned  to  the  collector  of 
the  district,  and  the  naval  officer,  if  any,  within  three  days 
after  such  delivery  has  been  completed,  if  at  the  port  where 
such  officer  resides,  and  if  at  any  other  port  as  soon  as  the 
nature  of  the  case  will  admit,  not  exceeding  fifteen  days. 
The  accounts  or  entries  to  be  so  returned  shall  comprise  all 


PART  XV. ENTRY  OF  MERCHANDISE.  191 

deliveries  made  pursuant  to  permits,  and  all  packages  or 
merchandise  sent  to  the  public  stores;  also  each  and  every 
package  remaining  on  board  of  such  vessel  for  the  purpose 
of  being  exported  therein  to  a  foreign  port,  or  to  some  other 
district  of  the  United  States. 

Such  returns  shall  be  vsigned  by  the  inspectors  respec-  k.s.,i«89. 
tively  under  whosesuperintendence  the  deliveries  have  been 
made;  and,  after  examination,  and  on  being  found  correct, 
shall  be  countersigned  or  certified  by  the  surveyor  of  the 
port,  if  any,  at  the  port  where  the  deliveries  have  been 
made.  Tlie  returns  shall  be  transmitted  by  him  to  the 
naval  officer,  if  any;  who  shall  compare  the  same  with  the 
nuinifcsts  and  entries  in  his  i)ossession;  and  if  any  differ- 
ence appears,  the  particulars  thereof  shall  be  noted  by 
indorsement  on  the  returns;  and  if  no  difference  appears, 
it  shall  be  so  noted  by  like  indorsements.  The  naval  officer 
shall  transmit  the  returns  to  the  collector  of  the  district; 
and  on  being  returned  to  the  collector,  shall  be  by  him 
compared  with  the  manifests  and  entries  of  the  merchan- 
dise, which  have  been  made  by  the  owner,  consignee,  or 
his  factor  or  agent ;  and  if  any  difference  appears,  the  same 
shall  be  noted  by  indorsement  on  such  manifests,  specifying 
the  particulars  thereof;  and  if  no  difference  appears,  it 
shall  be  noted  by  like  indorsement,  that  the  delivery  cor- 
responds with  the  entry  or  entries  thereof.  The  indorse- 
ment or  memorandum  shall,  in  each  case,  be  subscribed  by 
the  officer  by  whom  the  comparison  was  made. 

The  weighers,  gangers,  and  measurers,  employed  in  the  j;.s,2890. 
service  of  the  revenue,  vshall,  within  three  days  after  any 
vessel  is  discharged,  make  returns  of  the  articles  by  them 
respectively  weighed,  gauged,  or  measured  out  of  such 
vessel.  Such  returns  shall  be  made  by  the  weighers, 
gaugers,  and  measurers,  in  books  to  be  prepared  by  them 
for  that  purpose,  and  kept  in  the  custom  houses. 

229.  l/esse/s  in  distress. 

If  any  vessel  from  any  foreign  port,  compelled  by  distress  ^^  s-  289i- 
of  weather,  or  other  necessity,  shall  put  into  any  port  of  the 
United  States,  not  being  destined  for  the  same,  the  master, 
together  with  the  mate  or  person  next  in  command,  may, 
within  twenty  four  hours  after  her  arrival,  make  protest  in 
the  usual  form  upon  oath,  before  a  notary  i)ublic  or  other 
person  duly  authorized,  or  before  the  collector  of  the  dis- 
trict where  the  vessel  arrives,  setting  forth  the  cause  or 
circumstances  of  such  distress  or  necessity.  Such  i)rotest, 
if  not  made  before  the  collector,  shall  be  produced  to  him, 
and  to  the  naval  officer,  if  any,  and  a  copy  thereof  lodged 
with  him  or  them.  The  master  shall  also,  within  forty- 
eight  hours  after  such  arrival,  make  report  in  writing  to 
the  collector,  of  the  vessel  and  her  cargo,  as  is  directed 
hereby  to  be  done  in  other  cases.  And  if  it  appear  to  the 
collector,  by  the  certiticate  of  the  wardens  of  the  port,  or 
other  officers  usually  charged  with,  and  accustomed  to 
ascertain  the  condition  of  vessels  arriving  in  distress,  if 
any,  or  by  the  certificate  of  two  reputable  merchants,  to 


192  PART  XV. ENTRY  OF  MERCHANDISE. 

be  named  for  that  purpose  by  the  collector,  if  there  are  no 
such  wardens,  or  other  officers  duly  qualified,  that  there 
is  a  necessity  for  unlading  the  vessel,  the  collector  and 
naval  officer,  if  any,  shall  grant  a  permit  for  that  purpose, 
and  shall  appoint  an  inspector  to  oversee  such  unlading, 
who  shall  keep  an  account  of  the  same,  to  be  compared  with 
the  report  made  by  the  master  of  the  vessel. 

R.s.,2892.  All  merchandise  so  unladen  from  any  vessel  arriving  in 

distress  shall  be  stored  under  tlie  direction  of  the  collector, 
who,  upon  request  of  the  master  of  such  vessel,  or  of  tlie 
owner  thereof,  shall,  together  with  the  naval  officer,  where 
there  is  one,  and  alone  where  there  is  none,  grant  permis- 
sion to  dispose  of  such  part  of  the  cargo  as  may  be  of  a 
perishable  nature,  if  any  there  be,  or  as  may  be  necessary 
to  defray  the  expenses  attending  such  vessel  and  her  cargo. 
But  entry  shall  be  made  therefor,  and  the  duties  paid. 

B.  s.,  2803.  In  case  the  delivery  of  the  cargo  does  not  agree  with  the 

report  thereof,  made  by  the  master  of  such  vessel  so  arriv- 
ing in  distress,  and  if  the  difference  or  disagreement  is  not 
satisfactorily  accounted  for  in  manner  prescribed  by  this 
Title  |K.  S.,  2517-3129],  the  master  of  such  vessel  shall  be 
liable  to  such  penalties  as  in  other  like  cases  are  prescribed. 

R.s.,28it4.  The  merchandise,  or  the  remainder  thereof,  which  shall 

not  be  disposed  of,  may  be  reladen  on  board  the  vessel  so 
arriving  in  distress,  under  the  inspection  of  the  officer  who 
superintended  the  landing  thereof,  or  other  proper  person; 
and  the  vessel  may  proceed  with  the  same  to  the  place  of 
her  destination,  free  from  any  other  charge  than  for  the 
storing  and  safe-keeping  of  the  merchandise,  and  fees  to 
the  officers  of  the  customs  as  in  other  cases. 

R.s.,2895  Whenever  any  Spanish  vessel  shall  arrive  in  distress,  in 

any  port  of  the  United  States,  having  been  damaged  on  the 
coasts  or  within  the  limits  of  the  United  States,  and  her 
cargo  shall  have  been  unladen,  in  conformity  with  the  pro- 
visions of  the  four  preceding  sections,  the  cargo,  or  any 
part  thereof,  may,  if  the  ves.^el  should  be  condemned  as  not 
seaworthy,  or  be  deemed  incapable  of  performing  her  origi- 
nal voyage,  afterward  be  reladen  on  board  any  other  vessel 
under  the  inspection  of  the  officer  who  superintended  the 
landing  thereof,  orother  proper  person.  No  duties,  charges, 
or  fees  whatever,  shall  be  paid  on  such  part  of  the  cargo 
as  may  be  reladen  and  carried  away,  either  in  the  vessel  in 
which  it  was  originally  imported,  or  in  any  other. 

230.  Obstruction  by  ice. 

R.s.,2806.  When  a  vessel  is  prevented  by  ice  from  getting  to  the 

port  or  place  at  which  her  cargo  is  intended  to  be  delivered, 
the  collector  of  the  district  in  which  such  vessel  may  be 
obstructed  may  receive  the  report  and  entry  of  such  ves- 
sel, and,  with  the  consent  of  the  naval  oflBcer,  where  there 
is  one,  grant  permits  for  unlading  or  landing  the  merchan- 
dise imported  in  such  vessel,  at  any  place  within  his  dis- 
trict, most  convenient  and  proper.  The  report  and  entry 
of  such  vessel,  and  her  cargo,  or  any  j)  art -thereof,  and  all 


PART  XV. ENTRY  OF  MERCHAXDlsK.  193 

persons  concerned  therein,  shall  be  snbject  to  the  same 
regnlations  and  penalties  as  if  the  vessel  had  !irri\ed  at  the 
port  ot  her  destination,  and  had  there  proceeded  to  the 
delivery  of  her  cargo. 

231.  Unlawful  removal  of  bonded  merchandise. 

Any  person  maliciously  opening,  breaking,  or  entering  k. s.2998. 
by  any  means  whatever,  any  car,  vessel,  vehicle,  warehouse, 
or  package  containing  any  such  merchandise  so  delivered  for 
transportation,  or  removing,  injuring,  breaking,  or  defacing 
any  lock  or  seal  placed  upon  such  car,  vessel,  vehicle,  ware- 
house, or  package,  or  aiding,  abetting,  or  encouraging  any 
other  person  or  persons  so  to  remove,  break,  injure,  or  deface 
such  locks  or  seals,  or  to  open,  break,  or  enter  such  car, 
vessel,  or  vehicle,  with  intent  to  remove  or  cause  to  be 
removed  unlawfully  any  merchandise  therein,  or  in  any  man- 
ner to  injure  or  defraud  the  United  States;  and  any  person 
receiving  any  merchandise  unlawfully  removed  from  any 
such  car,  vessel,  or  vehicle,  knowing  it  to  have  been  so 
unlawfully  removed,  shall  be  guilty  of  felony,  and  in  addi- 
tion to  any  penalties  heretofore  ])rescribed  shall  be  j>unish- 
able  by  imprisonment  for  not  less  than  six  months  nor  more 
than  two  years. 

232.  Transportation  in  bond. 

Any  merchandise,  duly  entered  for  warehousing,  may  r.s..3ooo. 
be  withdrawn  under  bond,  without  payment  of  the  duties, 
from  a  bonded  warehouse  in  any  collection-district,  and  be 
transported  to  a  bonded  warehouse  in  any  other  collection- 
district,  and  rewarehonsed  thereat;  and  any  such  merchan- 
dise may  be  so  transported  to  its  destination  wholly  by 
laud,  or  wholly  by  water,  or  partially  by  land  and  partially 
by  water,  over  such  routes  as  the  Secretary  of  the  Treasury 
may  prescribe,  and  may  likewise  be  conveyed  over  any 
foreign  territory,  the  government  of  which  may  have,  or 
shall  by  treaty  stipulations  grant,  a  free  right  of  way  over 
such  territory. 

The  Secretary  of  the  Treasury  shall  prescribe  the  form  of 
the  bond  to  be  given  for  the  trans])ortation  of  merchandise 
from  ;i  })ort  in  one  collection-district  to  a  port  in  another 
collection-district  as  provided  in  the  i)receding  section; 
also  the  time  for  such  delivery;  and  for  a  failure  to  trans- 
l)ort  and  deliver  within  the  time  limited  any  such  bonded 
merciiandise  to  the  collector  at  the  designated  port,  a  duty 
of  double  the  amount  to  which  such  merchandise  would 
be  liable  shall  be  collected,  which  duty  shall  be  secured  by 
such  bond,  or  the  merchandise  maybe  seized  and  forfeited 
for  such  failure,  and  any  steam  or  other  vessel,  or  vehicle, 
transporting  such  bonded  merchandise,  the  master,  owner, 
or  lonductor  of  which  shall  fail  to  deliver  the  same  to  the 
collector  at  the  designated  jiort,  shall  be  liable  to  seizure 
and  forfeiture.  [And  the  Secretary  of  the  Treasury  is 
hereby  authorized  to  remit,  in  whole  or  in  part,  on  such  con- 
ditions and  under  such  regulations,  not  inconsistent  with 
law,  as  he  may  prescribe,  the  additional  duty  secured  by 
NAV  99,  PT  2 13 


K.  S..3001. 


194  PART  XV. ENTRY  OK  MERCHANDISE. 

the  boud  given  for  the  transijortation  of  merchaudise  from 
a  port  in  one  collection-district  to  a  port  in  another 
collection -district  prescribed  by  the  preceding  section  :  Pro- 
vided, That  it  shall  be  proved  to  the  satisfaction  of  the  Sec- 
retary of  the  Treasury  that  the  failure  to  transport  and 
deliver  the  mercliandise  aforesaid  according-  to  the  con- 
ditions of  the  bonds  occurred  without  willful  negligence  or 
fraudulent  intent  on  the  part  of  the  obligors.] 

233.   Transportation  to  specia/ ports. 

R.s.,3002.  Any  imported  merchandise  in   the    original  packages 

which  shall  have  been  duly  entered  and  bonded,  in  pursu- 
ance of  the  provisions  relating  to  warehouses,  may  be  with- 
drawn from  warehouse  for  immediate  ex[)ortation,  without 
payment  of  duties,  to  Chihuahua,  in  Mexico,  by  the  route 
of  the  Arkansas  Eiver,  through  Van  Buren,  or  by  the  route 
of  the  Red  Eiver,  through  Fulton,  or  by  the  route  of  the 
Missouri  Kiver,  tlirough  Independence,  or  by  such  other 
routes  as  may  be  designated  by  the  Secretary  of  the  Treas- 
ury. Any  imi)orted  merchandise  duly  entered  and  bonded 
at  Brownsville,  in  the  district  of  Brazos  de  Santiago,  or 
imported  and  bonded  at  any  other  port  of  the  United  States, 
and  transported  thence  in  bond,  and  duly  rewarehoused  at 
Brownsville,  may  be  withdrawn  from  warehouse  for  imme- 
diate exportation,  without  payment  of  duties,  to  ports  and 
places  in  Mexico,  by  land  or  water,  or  partly  by  land  and 
partly  by  water,  or  by  such  routes  as  may  be  designated  by 
the  Secretary  of  the  Treasury. 

K.S..3003.  Any  imported  merchandise  duly  entered  and  bonded  in 

any  port  of  the  United  States  may  be  withdrawn  from 
warehouse  without  jjayment  of  duties,  for  immediate  expor- 
tation for  San  Fernando,  Paso  del  Norte,  and  Chihuahua, 
in  Mexico,  through  the  port  of  Lavaca,  in  the  collection - 
district  of  Saluria,  in  the  State  of  Texas,  and  be  trans- 
shipped inland,  thence  to  San  Antonio,  in  that  State,  and 
from  the  latter  place  to  the  destinations  in  Mexico,  either 
by  way  of  Eagle  Pass,  the  Presidio  del  Norte,  or  San 
Elizario,  all  on  the  Rio  Grande;  and  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  prescribe  such  regula- 
tions, not  inconsistent  with  law,  as  he  may  deem  proper 
and  necessary,  respecting  the  packing,  marking,  inspection, 
proof  of  due  delivery  at  their  foreign  destinations  of  the 
imports  authorized  by  this  and  the  foregoing  section  to  be 
exported  from  warehouse  to  ports  and  xilaees  in  Mexico, 
and  for  the  due  protection  in  other  respects  of  the  public 
revenue. 

K.  s.,  3004.  Imported  merchandise  duly  entered  and  bonded  at  a  port 

of  the  United  States,  and  withdrawn  from  warehouse  in 
accordance  with  existing  law,  for  exi)ortation  for  San  Fer- 
nando, Paso  del  Norte,  and  Chihuahua,  in  Mexico,  may  pass 
through  Eagle  Pass,  the  port  of  entry  for  the  district  of 
Saluria,  in  Texas,  under  such  regulations  as  tlie  Secretary 
of  the  Treasury  shall  prescribe,  as  well  as  through  the  port 
of  Lavaca. 


PART  XV. ENTRY  OF  MERCHANDISE.  195 

All  merchandise  arriving  at  the  ])orts  of  New  York,  iJ  s^.^'ooj 
Boston,  Portland  in  Maine,  or  any  other  port  specially 
designated  by  the  (Secretary  ot  the  Treasury,  and  destined 
for  places  in  the  udjacent  JJritisli  ])r()vinces,  or  arriving  at 
the  port  of  Brownsville  in  Texas,  or  any  other  i)ort  si)eciall3' 
designated  by  the  Secretary  of  the  Treasury,  and  destined 
for  places  in  the  rei)ublic  of  Mexico,  may  be  entered  at  the 
custom-house,  and  conveyed,  in  transit,  through  the  terri- 
tory of  the  United  States,  without  the  i)aymeut  of  duties, 
under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe. 

Imported  merchandise  in  bond,  or  duty  i»aid,  and  prod-  ^'^■•^oog. 
ucts  or  manufactures  of  the  United  Staties,  may,  Avitli  the 
consent  of  the  proi)er  authorities  of  the  British  ])rovinces 
or  republic  of  Mexico,  be  transi)orted  from  one  port  in  the 
United  States  to  another  ])ort  therein,  over  the  territory  of 
such  provinces  or  republic,  by  such  routes,  and  under  such 
rules,  regulations,  and  conditions  as  the  Secretary  of  the 
Treasury  may  prescribe;  and  the  merchandise  so  trans- 
ported shall,  upon  airival  in  the  United  States  from  such 
provinces  or  republic,  be  treated  in  regard  to  the  liability 
to  or  exemption  from  duty,  or  tax,  as  if  the  transportation 
had  taken  place  entirely  within  the  limits  of  the  United 
States. 

Railroad-cars  or  other  vehicles  laden  with  merchandise!  ^-^-.^^oo-. 
sealed  by  a  customs  officer,  passing,  under  the  provisions 
of  the  preceding  section  and  the  regulations  of  the  Secre- 
tary of  the  Treasury,  from  one  port  in  the  United  States  to 
another  therein,  through  foreign  contiguous  territory,  shall 
be  exempt  from  the  payment  of  any  fees  for  receiving  or 
certifying  manifests  thereof. 

No  merchandise  exported  to  Mexico  or  the  British  North  i:  s.,  wos. 
American  Provinces  shall  be  voluntarily  landed  or  brought 
into  the  United  States;  and  any  so  landed  or  brought  into 
the  United  States  shall  be  forfeited;  and  the  same  proceed- 
ing shall  be  had  for  its  condemnation,  and  the  distribution 
of  the  proceeds  of  the  sales,  as  in  other  cases  of  forfeiture  of 
merchandise  illegally  imported.  Every  person  concerned 
in  the  voluntary  landing  or  bringing  such  merchaTidise  into 
the  United  States  shall  be  liable  to  a  penalty  of  four  hun- 
dred dollars. 

234.  Immediate  delivery. 

When  merchandise  shall  be  imported  into  any  port  of   r.s,  1:966. 
the  United  States  from  any  foreign  country  in  vessels,  and    .Ti!ne26,  iss*. 
it  shall  appear  by  the  bills  of  lading  that  the  merchandise 
so  imported  is  to  be  delivered  immediately  after  the  entry 
of  the  vessel,  the  collector  of  such  port  may  take  posses- 
si(m  of  such  merchandise  and  deposit  the  same  in  bonded 
warehouse;  and  when  it  does  not  appear  by  the  bills  of 
lading  that  the  merchandise  so  imported  is  to  be  immedi- 
ately delivered,  the  collector  of  the  customs  may  take  pos 
session  of  the  same,  and  deposit  it  m  bonded  warehouse, 
at  the  request  of  the  owner,  master,  or  consignee  of  the 
vessel,  on  three  days'  notice  to  such  collector  after  the  entry 
of  the  vessel. 


Sec.  24. 


196 


PART    XV. ENTRY    OF    MERCHANDISE. 


235.  Immediate  transportation. 

June  10, 1880.       AYheii  any  raercliandise,  other  than  explosive  articles, 
June  14, 1880.    aucl  articles  in  bulk  not  i)rovided  for  in  section  five  of  this 
act,  imported  at  the  ports  of 


June  10, 1880. 
Sec.  2. 


Sec.  3. 


Sec.  5. 

Feb.  23, 1887. 

Sec.  5. 


Boston,  Miis8. 
Baltimore,  Md. 
Bath,  Me. 
Bangor,  Me. 
Chicago,  111, 
Charleston,  S.  C. 
Cleveland,  Ohio. 
Detroit,  Mich. 
Dulnth,  Minn. 
Feruandina,  Fla. 
Galveston,  Tex. 
Key  West,  Fla. 
Los  Angeles,  Cal. 


Marquette,  Mich. 
Miami,  Fla. 
Mobile,  Ala. 
New  York,  N.  Y. 
Newport  News,  Va. 
New  Orleans,  La. 
Norfolk,  Va. 
Ogdensburg,  N.  Y. 
Philadelphia,  Pa. 
Portland,  Me. 
Port  Huron,  Mich. 
Portland,  Oreg. 
Port  Townsend,  Wash. 


Pensacola,  Fla. 
Rochester,  N.  Y. 
Savannah,  Ga. 
San  Francisco,  Cal. 
Sault  Ste.  Marie,  Mich. 
Seattle,  Wash. 
San  Diego,  Cal. 
Sioux  City,  Iowa. 
Taconia,  Wash. 
Tampa,  Fla. 
Toledo,  Ohio. 
Vanceboro,  Me., 


shall  appear  by  the  invoice  or  bill  of  lading  and  manifest 
of  the  importing  vessel  to  becousigned  to  and  destined  for 
either  of  the  ports  specified  in  the  seventh  section  of  this 
act,  the  collector  at  the  port  of  arrival  shall  allow  the  said 
merchandise  to  be  shipped  immediately  after  the  entry  pre- 
scribed in  section  two  of  this  act  has  been  made. 

The  collector  at  the  port  of  first  arrival  shall  retain  in 
his  office  a  permanent  record  of  such  merchandise  so  to  be 
tbrwarded  to  the  jiort  of  destination,  and  suth  record  shall 
consist  of  a  copy  of  the  invoice  and  an  entry  whereon  the 
duties  shall  be  estimated  as  closely  as  possible  on  the  mei- 
chandise  so  shipped,  but  no  oaths  shall  be  re(piired  on  the 
said  entry.  Such  merchandise  shall  not  be  subject  to 
appraisement  and  liquidation  of  duties  at  the  port  of  first 
arrival,  but  shall  undergo  such  examination  as  the  Secretary 
of  the  Treasury  shall  deem  necessary  to  verify  the  invoice; 
and  the  same  examination  and  appraisement  thereof  shall 
be  required  and  had  at  the  port  of  destination  as  would 
have  been  required  at  the  port  of  first  arrival  if  such  mer- 
chandise had  been  entered  for  consumption  or  warehouse 
at  such  port. 

Such  merchandise  shall  be  delivered  to  and  transported 
by  common  carriers,  to  be  designated  for  this  purpose  by 
the  Secretary  of  the  Treasury,  and  to  and  by  none  others; 
and  such  carriers  shall  be  responsible  to  the  United  States 
as  common  carriers  for  the  safe  delivery  of  such  merchan 
dise  to  the  collector  at  the  port  of  its  destination;  and 
before  any  such  carriers  shall  be  permitted  to  receive  and 
transport  any  such  merchandise,  they  shall  become  bound 
to  the  United  States  in  bonds  of  such  form  and  amount,  and 
with  such  conditions,  not  inconsistent  with  law,  and  such 
security  as  the  Secretary  of  the  Treasury  shall  require. 

Merchandise  transported  under  the  j)rovisions  of  this 
act  shall  be  conveyed  in  cars,  vessels,  or  vehicles  securely 
fastened  with  locks  or  seals,  under  the  exclusive  control 
of  the  officers  of  the  customs ;  and  merchandise  may  also 
be  transported  under  the  provisions  of  this  act  by  express 
companies  on  passenger-trains,  in  safes,  "pouches",  and 


PART    XV. ENTRY    OF    MERCHANDISE.  197 

trunks,  -wbicli  shall  be  of  such  size,  character,  and  descrip- 
tion and  secured  in  sucli  manner  as  shall  be  from  time  to 
time  prescribed  by  the  Secretary; 

And  in  cases  where  merchandise  shall  be  imported  in 
boxes  or  packages  too  large  to  be  included  within  the 
safes,  trunks,  or  "pouches"  as  i)res(!ribed,  such  merchandise 
may  be  transported  under  the  provisions  of  this  act  by 
such  express  companies,  "corded  and  sealed",  in  such  man- 
ner as  shall  from  time  to  time  be  prescribed  by  the  .Secre- 
tary  of  the  Treasury ; 

And  "passengers''  baggage  and  effects  arriving  at  any 
of  the  ports  specitied  in  section  one  of  this  act,  which  shall 
appear  by  the  manifest  of  the  importing  vessel,  or  other 
satisfactory  evidence,  to  be  destined  to  any  of  the  jiorts 
specified  in  the  seventh  section,  may  also  be  transported 
by  express  companies  under  the  provisions  ot  this  act  to 
any  of  the  ports  specified  in  the  seventh  section  thereof, 
in  such  manner  and  under  such  rules  and  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe; 

And  merchandise  such  as  pig-iron,  spiegleiron,  scrap- 
iron,  iron-ore,  railroad-iron,  and  similar  articles  commonly 
transported  upon  platform  or  tlat  cars  may  be  transported 
under  the  provisions  of  this  act  upon  such  platform  or  tlat 
cars;  and  the  weight  of  such  merchandise  so  transported 
shall  be  ascertained  in  all  cases  before  shipment,  and  ordi- 
nary railroad  seals  may  be  used  for  such  purposes;  and 
inspectors  shall  be  stationed  at  proper  points  along  the 
designated  routes,  or  upon  any  car,  vessel,  vehicle,  or 
train,  at  the  discretion  of  the  Secretary  of  the  Treasury, 
and  at  the  expense  of  the  comi)anies,  respectively. 

Such  merchandise  shall  not  be  unladen  or  transshipped 
between  the  ports  of  first  arrival  and  final  destination, 
unless  authorized  by  the  regulations  of  the  Secretary  of 
the  Treasury  in  cases  which  may  arise  from  a  difference  in 
the  gauge  of  railroads,  or  "where  the  route  is  bonded  for 
both  land  and  water  caniage",  or  from  a<;cidents,  or  from 
legal  intervention,  or  when,  by  reason  of  the  length  of  the 
route,  the  cars,  after  due  inspection  by  customs  oflicers, 
shall  be  considered  unsafe  or  unsuitable  to  proceed  further, 
or  from  low  water,  ice,  or  other  unavoidable  obstruction  to 
navigation ;  and  in  no  (;ase  shall  there  be  permitted  any 
breaking  of  the  original  i)ackages  of  such  merchandise. 

Sectionfiveof  the  Act  approved  June  tenth,  eighteen  hull-  Feb.  2.  ison. 
dred  and  eighty,  governing  the  immediate  transitortation  of 
dutiable  goods  without  appraisement,  be,  and  the  same  is 
hereby,  so  amended  as  to  allow  common  carriers  bonded 
under  the  provisions  of  said  Act,  in  instances  where  a 
sufficient  quantity  of  such  merchandise  is  not  offered  at 
the  port  of  first  arrival  to  fill  an  entire  car,  or  comi)artment 
thereof,  to  forward  such  merchandise  in  cars  not  secured 
by  the  prescribed  customs  fastenings  if  the  i)ackages  are  , 

corded  and  sealed,  under  reguhitions  to  be  prescribed  by 
the  Secretary  of  the  Treasury;  in  all  other  respects  the 
provisions  of  the  Act  referred  to  to  remain  in  full  force. 


198 


PART    XV. ENTRY    OF    MERCHANDISE. 


June  10,1880. 
Sec.  7. 


The  privilege  of  immediate  transportation  shall  extend 
to  the  ports  of  : 


Sec.  9. 


July  2,  1884. 
Sec.  6. 


Feb.  23, 1887 


Atlanta,  Ga. 
Albany,  N.  Y. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Boston,  Mass. 
Baltimore,  Md. 
Bath,  Me. 
Bangor,  Me. 
Bridgeport,  Conn. 
Charleston,  S.  C. 
Chicago,  111. 
Cincinnati,  Ohio. 
Council  Bluffs,  Iowa. 
Cleveland,  Ohio. 
Columbus,  Ohio. 
Detroit,  Mich. 
Denver,  Colo. 
Duluth,  Minn. 
Dubuque,  Iowa. 
Des  Moines,  Iowa. 
Dunkirk,  N.  Y. 
Evansville,  Ind. 
Enfield,  Conn. 
Eri<^  Pa. 

Georgetown,  D.  C. 
Galveston,  Tex. 
Gladstone,  Mich. 
Grand  Haven,  Mich. 
Grand  Rapids,  Mich. 


Hartford,  Conn. 
Indianapolis,  Ind. 
Jacksonville,  Fla. 
Kansas  City,  Mo. 
Key  West,  Fla. 
Kuoxville,  Tenn. 
Louisville,  Ky. 
Lincoln,  Nebr. 
Los  Angeles,  Cal. 
Marquette,  Mich. 
Middletown,  Conn. 
Minneapolis,  Minn. 
Milwaukee,  Wis. 
Memphis,  Tenn. 
Mobile,  Ala. 
Nashville,  Tenn. 
Newark,  N.  J. 
Newport  News,  Va. 
New  York,  N.  Y. 
New  Haven.  Conn. 
Norfolk,  Va. 
New  Orleans,  La. 
Omaha,  Nebr. 
Ogdensburg,  N.  Y. 
Providence,  R.  I. 
Philadelphia,  Pa. 
Pittsburg,  Pa. 
Portland,  Me. 
Portsmouth,  N.  H. 


Port  Huron,  Midi. 
Portland,  Oreg 
Port  Townsend,  Wash. 
Richmoiul,  Va. 
Rochester,  N.  Y. 
Sandusky,  Ohio. 
Sioux  City,  Iowa. 
San  Antonio,  Tex. 
Springfield,  Mass. 
Savannah,  Ga. 
Santa  Barbara,  Cal. 
St.  Augustine,  Fla. 
St.  Louis,  Mo. 
St.  Joseph,  Mo. 
St.  Paul,  Minn. 
San  Francisco,  Cal. 
San  Diego,  Cal. 
Saiilt  Ste.  Marie,  Mich. 
Seattle,  Wash. 
Syracuse,  N.  Y. 
Tampa,  Fla. 
Tacoma,  Wnsh. 
Titusville,  Pa. 
Toledo,  Ohio. 
Vanceboro,  Me. 
Wilmington,  Del. 
Wilmington,  N.  C. 


Provided,  That  th«^  privilege  of  transportation  herein  con- 
ferred shall  not  extend  to  any  place  at  .vhich  there  are  not 
the  necessary  officers  for  the  ajjpraisement  of  merchandise 
and  the  collection  of  duties. 

No  merchandise  shall  be  shipped  under  the  provisions  of 
this  act  after  such  merchandise  shall  have  been  landed  ten 
days  from  the  importing  vessel,  and  merchandise  not 
entered  within  such  time  shall  be  sent  to  a  bonded  ware- 
house by  the  collector  as  unclaimed,  and  held  until  regu- 
larly entered  and  appraised. 

Merchandise  so  destined  for  immediate  trarisportation 
shall  be  transferred,  under  proper  supervision,  directly 
from  the  importing  vessel  to  the  car,  vessel,  or  vehicle 
specified  in  the  entry. 

The  provisions  of  the  act  entitled,  "  An  act  to  amend  the 
statutes  in  relation  to  the  immediate  transportation  of  duti- 
able goods,  and  for  other  purposes,"  approved  June  tenth 
eighteen  hundred  and  eighty,  be,  and  the  same  are  hereby, 
so  amended  as  to  allow  merchandise  liable  to  specific  rates 
of  duty  only  to  be  entered  for  immediate  transportation 
without  appraisement  to  any  of  the  ports  mentioned  in  the 
seventh  section  of  said  act,  although  the  same  may  not 
appear  by  the  invoice,  bill  of  lading,  or  manifest  of  the 
importing  vessel  to  be  consigned  to  or  destined  for  either  of 
said  i)orts,  when  the  consignee  at  the  port  of  first  arrival 
shall  make  written  application  therefor  to  the  collector, 
giving  the  name  of  the  person  at  the  port  or  destination  to 
whom  he  desires  the  merchandise  to  be  consigned;  and 


PART    XV. — ENTRY    OF    :vI1:K('1IANI)ISE  190 

whenever  such  iipiilication  aud  eutry  shall  be  made,  the 
original  invoice  presented  by  the  consignee  at  the  port  of 
first  arrival  shall  be  forwarded,  with  a  coi)y  of  the  tr;uis- 
portation  entry,  to  the  collector  at  the  ])ort  of  destination; 
and  a  copy  of  such  invoice  shall  be  retained  on  file  at  tlio 
port  of  first  arrival. 

The  original  invoice  so  forwarded  shall  be  treated  as  the 
oidy  invoice  of  the  merchandise  ui)on  which  entry  shall  be 
made  at  the  port  of  destination,  and  the  person  making 
such  entry  shall  be  hi^ld  responsible  for  the  statements  con- 
tained therein  in  the  same  manner  as  if  the  merchandise 
had  been  oiiginally  consigned  to  him:  Provided,  ho/rcver, 
That  the  privileges  herein  conferred  shall  not  extend  to 
any  merchandise  the  duties  upon  which,  or  any  portion 
thereof,  depend  upon  the  value  of  such  merchandise:  And 
provided  further,  That  such  privilege  shall  be  granted  only 
in  cases  where  no  part  of  the  merchandise  shall  have 
been  landed  prior  to  entry  for  immediate  transi)ortation 
as  aforesaid. 

236.  Salvage  of  merchandise. 

All  merchandise  imported  into  the  United  States  shall,    r.s.,  3058. 
for  the  purpose  of  this  title  [K.  S.,  2o]7-3129]  be  deemed    I'eb. 23,  i887. 
aud  held  to  be  the  property  of  the  person  to  whom  the 
merchandise  may  be  consigned;  but  the  holder  of  any  bill 
of  lading  consigned  to  order  aud  endorsed  by  the  con- 
signor shall  be  deemed  the  consignee  thereof. 

And  in  case  of  the  abandonment  of  auy  merchandise  to 
the  underwriters,  the  latter  may  be  recognized  as  the  con- 
signee, and  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe,  merchandise  saved  from  a  vessel 
wrecked  or  abandoned  at  sea,  or  on  or  along  the  coasts  of 
the  United  States  and  promptly  brought  into  a  port  of  the 
United  States  by  or  in  possession  of  the  salvors  of  the  same, 
can,  for  the  purpose  of  its  title,  be  regarded  as  the  property 
of  such  salvors,  and  the  valuation  thereof  and  payment  of 
duties  thereon  can  be  made  accordingly  and  with  due  refer- 
ence to  the  condition  of  said  merchandise  as  thus  saved  and 
the  necessities  of  the  case: 

Provided,  how  ever.  That  such  bringing  in  by  salvors  shall 
be  in  good  faith  and  without  intent  to  evade  the  just  pay- 
ment of  duty : 

And  provided  further,  That  nothing  herein  contained  shall 
be  80  construed  as  to  prejudice  in  any  other  respect  the 
rights  of  property,  or  of  or  through  abandonment  or  allow- 
ance of  the  owner  or  any  other  person  interested  in  said 
merchandise. 

237.  Bond  of  firm  or  partnership. 

When  any  bond  is  reqnired  by  law  to  be  executed  by  any  •'!'•""  20.  i-sTe. 
firm  or  partnership  for  the  payment  of  duties  upon  goods, 
wares  or  merchandise,  imported  into  the  United  States  by 
such  firm  or  partnership,  the  execution  of  such  bond  by  any 
member  of  such  firm  or  ])artnersliip,  in  the  name  of  said 
firm  or  partnership,  shall  bind  the  other  members  or  part- 


200  PART  XV. ENTRY  OF  MERCHANDISE. 

ners  thereof,  iu  like  mauuer  and  to  tbe  same  extent,  as  if 
such  other  members  or  partners  had  personally  executed  the 
same.  And  anj^  action  or  suit  may  be  instituted  on  such 
bond  against  all  the  members  or  partners  of  such  Arm,  as  if 
^all  of  the  members  or  partners  had  executed  the  same. 

238.  Refund  of  customs  duties. 

Mar.  3,1875.  ^o  moucys  collccted  as  duties  on  imi)orts,  iu  accordance 
with  auy  decision,  ruling,  or  direction  previously  made  or 
given  by  the  Secretary  of  the  Treasury,  shall,  except  as 
hereinafter  provided,  be  refunded  or  repaid,  unless  in  accord- 
ance with  the  judgment  of  a  circuit  or  district  court  of  the 
United  States  giving  construction  to  tlie  law,  and  from 
which  the  Attorney-Ueneral  shall  certify  that  no  appeal  or 
writ  of  error  will  be  taken  by  the  I'nited  States;  or  unless 
in  pursuance  of  a  special  appropriation  for  the  particular 
refund  or  repayment  to  be  made : 

Provided,  That  whenever  the  Secretary  shall  be  of  opin- 
ion that  such  duties  have  been  assessed  and  collected  under 
an  erroneou.s  view  of  the  facts  in  the  case,  he  may  authorize 
a  re-examination  and  reliquidatioii  in  such  case,  and  make 
such  refund  in  accordance  with  existing  laws  as  the  facts 
so  ascertained  shall,  in  his  opinion,  justify;  but  no  such 
reliquidatioii  shall  be  allowed  unless  protest  and  appeal 
shall  have  been  made  as  required  by  law: 

Frovided  j'i(rthn\  That  the  restrictive  provisions  of  this 
act  shall  not  apply  to  such  ])ersonal  and  household  effects 
and  other  articles,  not  merchandise,  as  are  by  law  exempt 
from  duty: 

And  provided  also,  That  this  act  shall  not  aff'ect  the  refund 
to  excess  of  deposits  based  on  estimated  duties  nor  prevent 
the  correction  of  errors  in  liquidation,  whether  for  or  against 
the  Government,  arising  solely  upon  errors  of  fact  discov- 
ered within  one  year  from  the  date  ot  payment,  and,  when 
in  favor  of  the  Government,  brought  to  the  notice  of  the 
collector  within  ten  days  from  the  date  of  discovery. 

Sec. 2.  jfo  ruling  or  decision  once  made  by  the  Secretary  of  the 

Treasury,  giving  construction  to  any  law  imposing  customs 
duties,  shall  be  reversed  or  moditied  adversely  to  the  United 
States,  by  the  same  or  a  succeeding  Secretary,  except  in 
concurrence  with  an  opinion  of  the  Attorney-General  recom- 
mending the  same,  or  a  judicial  decision  of  a  circuit  or  dis- 
trict court  of  the  United  States  conflicting  with  such  rul- 
ing or  decision,  and  from  which  the  Attorney-General  shall 
certify  that  no  appeal  or  writ  of  error  will  be  taken  by  the 
United  States: 

Provided,  That  the  Secretary  of  the  Treasury  maj^  in  his 
discretion,  decline  to  acquiesce  iu  the  judgment,  decision, 
or  ruling  of  an  inferior  court  upon  any  question  affecting 
the  interests  of  the  United  states,  when,  in  his  opinion, 
such  interests  require  a  final  adjudication  of  such  question 
by  the  court  of  last  resort. 

Bee.  3.  The  Secretary  of  the  Treasury  shall  have  power  to  make 

such  regulations,  not  inconsistent  with  law,  as  maybe  nec- 
essary' to  carry  this  act  into  effect. 


PART    W. EN'nn     Ol'    MERCHANDISK.  "JOl 

The  Secretary  of  the  Treasury  shall,  in  his  anmuii  report  ^^''■^■ 
to  Cougress,  give  a  detailed  sratemeut  of  the  various  sums 
of  money  refunded  under  the  provisions  of  this  act  or  of 
any  other  act  of  Congress  relating  to  the  revenue,  together 
with  copies  of  the  j-uliiigs  under  which  repayments  were 
made: 

Prodded,  That  in  all  cases  where  the  Secretary  of  the 
Treasury  shall  so  re(piest  the  Attorney-General  shall  take 
an  appeal  to  the  Supreme  Couit. 

239.  Fraudulent  importation  of  merchandise.  , 

If  any  person  shall  fraudulently  or  knowingly  import  or  k.6.,;!082 
bring  into  the  United  States,  or  assist  in  so  doing,  any 
merchandise,  contrary  to  la.v,  or  shall  receive,  conceal,  buy, 
sell,  or  in  any  manner  facilitate  the  transportation,  con- 
cealment, or  sale  of  such  merchandise  after  importation, 
knowing  the  same  to  have  been  imported  contrary  to  law, 
such  merchandise  shall  be  forfeited  and  the  offender  shall 
be  fined  in  any  sum  not  exceeding  five  thousand  dollars 
nor  less  than  fifty  dollars,  or  be  iui|)risoned  for  any  time 
not  exceeding  two  years,  or  both.  Whenever,  on  trial  for 
a  violation  of  this  section,  the  defendant  is  shown  to  have 
or  to  have  had  possession  of  such  goods,  such  possession 
shall  be  deemed  evidence  sufficient  to  authorize  conviction, 
unless  the  defendant  shall  explain  tlie  possession  to  the 
satisfaction  of  the  jury. 


240.  Bribery  and  solicitation  of  bribes. 

Any  person  who  shall  give,  or  offer  to  give  or  promise  to 
give  any  money  or  thing  of  value,  directly  or  indirectly,  to 
any  officer  or  employee  of  the  United  States  in  consider- 
ation of  or  for  any  act  or  omission  contrary  to  law  in  connec- 
tion with  or  pertaining  to  the  importation,  ai)i)raisement, 
entry,  examination,  or  inspection  of  goods,  wares,  or  mer- 
chandise including  herein  any  baggage,  or  of  the  liquida-. 
tion  of  the  entry  thereof,  or  shall  by  threats  or  deuumds, 
or  promises  of  any  character  attempt  to  improperly  influ- 
ence or  control  any  such  officer  or  employee  of  the  United 
States  as  to  the  performance  of  his  official  duties  shall,  on 
conviction  thereof,  be  fined  not  exceeding  two  thousand  dol- 
lars, or  be  imprisoned  at  hard  labor  not  more  than  one  year, 
or  both,  in  the  discretion  of  the  court;  and  evidence  of  such 
giving,  or  offering,  or  promising  to  give,  satisfactory  to  the 
court  In  which  such  trial  is  had,  shall  be  regarded  as  prima 
facie  evidence  that  such  giving  or  offering  or  promising 
was  contrary  to  law,  and  shall  put  upon  the  accused  the 
burden  of  proving  that  such  act  was  innocent,  and  not 
done  with  an  unlawful  intention. 

Any  officer  or  employee  of  the  United  States  who  shall, 
excepting  for  lawful  duties  or  fees,  solicit,  demand,  exact  or 
receive  from  any  person,  directly  or  indirectly,  any  money 
or  thing  of  value,  in  connection  with  or  pertaining  to  the 
importation,  appraisement,  entry,  examination,  or  inspec- 
tion of  goods,  wares,  or  merchandise,  including  herein  any 
baggage,  or  liquidation  of  the  entry  thereof,  on  conviction 


June  10,  1890. 
.Sec.  26 


202  PART  XV. ENTRY  OF  MERCHANDISE. 

thereof,  shall  be  flued  not  exceeding  five  thousand  dollars, 
or  be  imprisoned  at  hard  labor  not  more  than  two  years, 
-  or  both,  in  the  discretion  of  the  court.  And  evidence  of 
such  soliciting,  deniauding,  exacting,  or  receiving,  satis- 
factory to  the  court  in  which  such  trial  is  had,  shall  be 
regarded  as  prima  facie  evidence  that  such  soliciting,  de- 
manding, exacting,  or  receiving  was  contrary  to  law,  and 
shall  put  upon  the  accused  the  burden  of  j^roving  that  such 
act  was  innocent  and  not  with  an  unlawful  intention. 

241.  Express  packages. 

Junes,  1896.  Articlcs,  uot  merchandise  intended  for  sale,  not  exceed- 
ing tive  hundred  dollars  in  value,  imported  in  packages  not 
exceeding  one  hundred  pounds  in  weight,  in  vessels  of  the 
United  States,  may  be  specially  delivered  to  and  appraised 
at  the  public  stores,  and  the  entry  thereof  liquidated  by 
the  collector  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe,  and  after  such  appraisement  and 
liquidation  may  be  delivered,  upon  jiayment  of  the  liqui- 
dated duties  under  the  bond  provided  for  in  this  Act,  to 
express  companies  or  other  duly  incorporated  inland  carri- 
ers bonded  for  the  transportation  of  appraised  or  unap- 
praised  merchandise  between  theseveral  ports  in  the  United 
States:  Provided,  That  not  more  than  one  such  consign- 
ment to  one  ultimate  consignee  from  the  same  consignor 
shall  be  imported  in  anyone  vessel:  And  provided,  That 
the  original  appraisement  of  and  liquidation  of  duties  on 
such  importations  shall  be  final  against  the  owner,  importer, 
agent,  or  consignee,  except  in  the  case  of  manifest  clerical 
errors,  as  provided  for  in  section  twenty  four  of  the  Act  of 
June  tenth,  eighteen  hundred  and  ninety:  Provided,  That 
nothing  contained  in  this  Act  shall  apply  to  explosives,  or 
any  article  the  importation  of  which  is  prohibited  by  law. 

Sec.  2.  Such  express  companies  or  other  inland  carriers  shall  be 

responsible  to  the  United  States  under  bond  for  the  safe 
delivery  of  such  articles  to  the  ultimate  consignee:  Pro- 
vided, That  if  any  i^ackage  shall  not  be  delivered  to  the 
ultimate  consignee  by  the  express  company  or  other  inland 
carrier,  and  shall  be  returned  to  the  collector  of  the  port 
where  such  articles  are  entered  under  the  provisions  of  this 
Act  within  ninety  days  from  the  date  of  importation  intact, 
the  collector  shall  take  charge  of  such  package  and  dispose 
of  it  as  unclaimed  merchandise,  and  the  duties,  including 
additional  duties,  if  any,  under  section  seven  of  the  Act  of 
June  tenth,  eighteen  hundred  and  ninety,  i)aid  shall  be 
refunded  by  the  Secretary  of  theTreasury  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated;  and  the  ex- 
press company  or  other  inland  carriers  shall  be  relieved  of 
any  liability  therefor  under  its  bond;  and  before  any  ex- 
press company  or  other  inland  carrier  shall  be  permitted  to 
receive  and  transport  any  such  articles  they  shall  become 
bound  to  the  United  States  in  such  bonds,  in  such  form 
and  amount,  and  with  such  conditions  not  inconsistent 
with  law  as  the  Secretary  of  the  Treasury  may  require. 


PART  XV. ENTKY  OF  MERCHANDISK.  203 

Articles  transported  under  the  provisions  of  this  Act  ^^^■'•f- 
shall  be  corded  and  sealed  in  such  manner  as  shall  from 
time  to  time  be  prescribed  by  the  Secretaiy  of  the  Treas- 
ury: and  the  collector  of  the  port  of  tirst  arrival  shall  retain 
in  his  office  a  permanent  record  of  such  merchandise  so  for- 
warded. 

Such  packages  may  be  consigned  to  and  entered  by  the  ^♦'*=*- 
agents  of  the  express  company  or  other  inland  carrier  or 
steamship  company,  who  shall  at  the  time  of  entry  state 
the  ultimate  consignee,  and  in  all  cases  where  a  certified  or 
other  invoice  is  now  recjuired  by  law  such  invoice  may  be 
attached  to  or  inclosed  in  the  package,  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  may  prescribe;  and 
the  delivery  of  such  .articles  to  the  express  comjjany  or 
other  inland  carrier  shall  not  be  delayed  because  of  the 
uonarrival  of  the  triplicate  invoice,  but  the  ultimate  con- 
signee shall  be  liable  for  any  increased  duty  found  due  on 
reliquidation,  if  any,  after  receipt  of  said  merchandise  from 
the  express  company  or  other  inland  carrier  or  steamship 
company  making  entry  under  this  Act;  and  the  provisions 
of  section  twenty-eight  hundred  and  fifty-seven.  Revised 
Statutes,  shall  not  apply  to  importations  under  this  Act. 

242.  Liens  for  freight  or  genera/ average. 

Whenever  the  collector  of  the  port  of  entry  of  the  vessel,  k.  s..  2981. 
or  other  proper  officer  of  the  customs,  shall  be  duly  noti  lied  ^'=>y  -'i'  i'*^*'- 
in  writing  of  the  existence  of  a  lien  for  freight,  charges,  or 
contribution  in  general  average  upon  imi)orted  goods,  wares, 
or  merchandise  in  his  custody,  he  shall,  before  delivering 
such  goods,  wares,  or  merchandise  to  the  importer,  owner, 
or  consignee  thereof  for  consumption,  or  to  any  vessel  or 
vehicle  for  transportation  or  exportation,  give  seasonable 
notice  to  the  party  or  parties  claiming  the  lien ;  and  the  pos- 
session by  the  officersof  customs  shall  not  affect  thedischarge 
of  such  lien,  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe;  and  such  officer  shall  refuse  the 
delivery  of  such  merchandise  from  any  public  or  bonded 
warehouseorother  placein  which  thesameshall  bedeposited 
until  proof  to  his  satisfaction  shall  be  produced  that  the 
freight,  charges,  or  contribution  in  general  average  thereon 
has  been  paid  or  secured ;  butthe  rightsof  the  United  States 
shall  not  be  prejudiced  thereby,  nor  shall  the  United  States 
or  its  officers  be  in  any  manner  liable  for  losses  conseiiuent 
upon  such  refusal  to  deliver.  If  merchandise  so  subject  to 
a  lien,  regarding  which  notice  has  been  filed,  shall  be  for- 
feited to  the  United  States  and  sold,  the  freight,  charges,  or 
contribution  in  general  average  due  thereon  shall  be  paid 
from  the  proceeds  of  such  sale  in  the  same  manner  ;is  other 
charges  and  expenses  authorized  by  law  to  be  i^aid  therefrom 
are  paid. 


Part   XVL— TARIFF    PROVISIONS    DIRECTLY 
RELATING  TO  VESSELS. 


243.  Coal. 

244.  SMpbiiilding  materials. 

245.  Materials  for  repairs. 


246.  Sunken  merchandise. 

247.  Supplies. 

248.  Sea  stores  and  equipments. 


July  24, 1897 
415. 


523. 


R.  S.;  2513. 

Aug.  28, 1894. 
Sec.  7. 

July  24,1897. 
Sec".  12. 


243.  Coal. 

Coal,  bituminous,  and  all  coals  containing  less  than 
ninety-two  per  centum  of  fixed  carbon,  and  sbale,  sixty- 
seven  cents  per  ton  of  twenty-eigbt  bushels,  eighty  pounds 
to  the  bushel ;  coal  slack  or  culm,  such  as  will  pass  through 
a  half-inch  screen,  fifteen  cents  per  ton  of  twenty-eight 
bushels,  eighty  pounds  to  the  bushel:  Provided,  That  on 
all  coal  imported  into  the  United  States,  which  is  after- 
wards used  for  fuel  on  board  vessels  propelled  by  steam 
and  engaged  in  trade  with  foreign  countries,  or  in  trade 
between  the  Atlantic  and  Pacific  ports  of  the  United 
States,  and  which  are  registered  under  the  laws  of  the 
United  States,  a  drawback  shall  be  allowed  equal  to  the 
duty  imposed  by  law  upon  such  coal,  and  shall  be  paid 
under  such  regulations  as  the  Secretary  of  the  Treasury 
shall  prescribe;  coke,  twenty  per  centum  ad  valorem. 

Coal,  anthracite,  not  specially  provided  for  in  this  Act, 
and  coal  stores  of  American  vessels,  but  none  shall  be 
unloaded.     [Free  List.] 

244.  Shipbuilding  materials. 

All  materials  of  foreign  production  which  may  be  neces- 
sary for  the  construction  of  vessels  built  in  the  United 
States  for  foreign  account  and  ownership  or  for  the  purpose 
of  being  employed  in  the  foreign  trade  including  the  trade 
between  the  Atlantic  and  I'acific  ports  of  the  United  States, 
and  all  such  materials  necessary  for  the  building  of  their 
machinery,  and  all  articles  necessary  for  their  outfit  and 
equipment,  after  the  passage  of  this  Act,  may  be  imported 
in  bond  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe ;  and  upon  proof  that  such  mate- 
rials have  been  used  for  such  purposes  no  duties  shall  be 
paid  thereon.  But  vessels  receiving  the  benefit  of  this  sec- 
tion shall  not  be  allowed  to  engage  in  the  coastwise  trade 
of  the  United  States  more  than  two  months  in  any  one 
year  except  upon  the  payment  to  the  United  States  of  the 
duties  of  which  a  rebate  is  herein  allowed :  Provided,  That 
vessels  built  in  the  United  States  for  foreign  account  and 
ownership  shall  not  be  allowed  to  engage  in  the  coastwise 
trade  of  the  I'nited  Stat*^^. 


204 


Aug.  28,  1894. 


PART    XVI. TARIFF    PROVISIONS    RELATING    TO    VESSELS.       205 

245.  Materials  for  repairs. 

All  articles  of  foreign  production  needed  for  the  repair    u. s.'j.ih. 
of  American  vessels  engaged  In  foreign  trade,  including 
the  trade  between  the  Atlantic  and  Pacific  ports  of  tlie 
United  States,  may  be  withdrawn  from  bonded  warehouses    juiy  24,  iso- 
free  of  duty,  under  such  regulations  as  the  Secretary  of    see.  13. 
the  Treasury  may  prescribe. 

Machinery  for  repair  maybe  imported  into  the  Unitetl    iis.,2.^jii. 
States  without  payment  of  duty,  under  bond,  to  be  given 
in  double  the  appraised  value  thereof,  to  be  withdrawn  and 
exported  after  said  machinery  shall  have  been  repaired; 
and  the    Secretary   of  the  Treasury  is    authorized   and 
directed  to  j)rescribe  such  rules  and  regulations  as  may  be 
necessary  to  protect  the  revenue  against  traud  and  secure 
the  identity  and  character  of  all  such  im})ortations  when 
again  withdrawn  and  exported,  restricting  and  limiting 
the  exi)ort  and  withdrawal  to  the  same  port  of  entry  where    Aug.  28,  isoi 
imported,  and  also  limiting  all  bonds  to  a  period  of  time  of    sec.  13. 
not  more  than  six  months  from  the  date  of  the  importation. 

246.  Sunken  merchandise. 

Whenever  any  vessel  laden  with  merchandise  in  whole    k.  s.,2507. 
or  in  part  subject  to  duty  has  been  sunk  in  any  river,  har- 
bor, bay,  or  waters  subject  to  the  jurisdiction  of  the  United 
States,  and  within  its  limits,  for  the  period  of  two  years, 
and  is  abandoned  by  the  owner  thereof,  any  person  who 
may  raise  such  vessel  shall  be  permitted  to  bring  any  mer- 
chandise recovered  therefrom  into  the  port  nearest  to  the    secf2or 
place  where  such  vessel  was  so  raised  free  from  the  pay-    .juiy  24, 1897. 
ment  of  any  duty  thereupon,  but  under  such  regulations    sec.  23. 
as  the  Secretary  of  the  Treasury  may  prescribe. 

247.  Supplies, 

That  all  articles  of  foreign  or  domestic  production  needed  i""©  26,  i884 
and  actually  withdrawn  from  bonded  warehouses  and  ^"^^^^ 
bonded  manufacturing  warehouses  for  supplies  (not  includ- 
ing equipment)  of  vessels  of  the  United  States  engaged  in 
foreign  trade,  or  in  trade  between  the  Atlantic  and  Pacific 
ports  of  the  United  States,  may  be  so  withdrawn  from  said 
bonded  warehouses,  ti^ee  of  duty  or  of  internal -revenue  tax, 
as  the  case  may  be,  under  such  regulations  as  the  Secretary 
of  the  Treasury  may  i)rescribe;  but  no  such  articles  shall 
be  landed  at  any  port  of  the  United  States. 

248.  Sea  stores  and  equipment. 

[See  paragraph  204.] 


Auk.  28,  1894. 


July  24.  1897. 
Sec.  14. 


Part  XVIL— CONSULS'  SERVICES  TO  VESSELS. 


249.  Consuls' services  to  vessels.  |  250.  Naval  officer  acting  us  consul. 

249.  Consuls'  services  to  vessels. 

K.  s.,  1707.  Consuls  aucl  vice-consuls  shall  have  the  right,  in  the  ports 

or  places  to  which  they  are  severally  appointed,  of  receiv- 
ing the  protests  or  declarations  which  captains,  masters, 
crews,  passengers,  or  merchants,  who  are  citizens  of  the 
United  States,  may  respectively  choose  to  make  there;  and 
also  such  as  any  foreigner  may  choose  to  make  before  them 
relative  to  the  personal  interest  of  any  citizen  of  the  United 
States.  Copies  of  such  acts  duly  authenticated  by  consuls 
or  vice  consuls,  under  the  seal  of  their  consulates,  respec- 
tively, shall  be  received  in  evidence  equally  with  their  orig- 
inals in  all  courts  in  the  United  States. 

E.  s.,  170S.  Ev^ery  consular  officer  shall  keep  a  detailed  list  of  all  sea- 

men and  mariners  shipped  and  discharged  by  him,  specify- 
ing their  names  and  the  names  of  the  vessels  on  which  they 
are  shii)ped  and  from  which  they  are  discharged,  and  the 
payments,  if  any,  made  on  account  of  each  so  discharged ; 
also  of  the  number  of  the  vessels  arrived  and  departed,  the 
amounts  of  their  registered  tonnage,  and  the  number  of 
their  seamen  and  mariners,  and  of  those  who  are  protected, 
and  whether  citizens  of  the  United  States  or  not,  and  as 
nearly  as  possible  the  nature  and  value  of  their  cargoes, 
and  where  produced,  and  shall  make  returns  of  the  same, 
with  their  accounts  and  other  returns,  to  the  Secretary  of 
the  Treasury. 

K.  s.,  1718.  Whenever  any  master  or  commander  of  a  vessel  of  the 

United  States  has  occasion  for  any  consular  or  other  official 
service,  which  any  consular  officer  of  the  United  States  is 
authorized  by  la.w  or  usage  officially  to  perform,  and  for 
which  any  fees  are  allowed  by  the  rates  or  tariffs  of  fees, 
he  shall  apply  to  the  consular  officer  at  the  consulate  or 
commercial  agency  where  such  service  is  required  to  per- 
form such  service,  and  shall  pay  to  such  officer  the  fees 
allowed  for  such  service  by  the  rates  or  tariffs  of  fees.  And 
every  such  master  or  commander  who  omits  so  to  do  shall 
be  liable  to  the  United  States  for  the  amount  of  the  fees 
lawfully  chargeable  for  such  services  when  actually  per- 
formed. All  consular  officers  are  authorized  and  required 
to  retain  in  their  jjossession  all  the  papers  of  such  vessels, 
which  shall  be  deposited  with  them  as  directed  by  law,  till 
payment  shall  be  made  of  all  demands  and  wages  on  ac- 
count of  such  vessels. 

206 


PART    XVII. consuls'    SEHVICKS    TO    VESSELS.  207 

No  fees  luvmed  in  tlie  tarift"  of  consular  fees  prescribed  -Ji'i'^'^-".  is**. 
by  order  of  the  IMesidoiit  shall  Itc  charged  or  collected  by  ^^■'•^-• 
consular  ollicers  for  the  ollicial  services  to  American  ves- 
sels and  seamen.  Consnlar  ollicers  shall  furnish  the  master 
of  every  such  ve;ssel  with  an  itemized  statement  of  snch 
services  performed  on  account  of  said  vessel,  with  the  fees 
so  prescribed  for  each  service  and  make  a  detailed  report 
to  the  Secretary  of  the  Treasury  of  such  services  and  fees, 
under  such  regulations  as  the  Secretary  of  State  may  pre- 
scribe; and  the  Secretary  of  the  Treasnrj'  shall  allow  con- 
sular ofiicers  who  are  paid  in  whole  or  in  part  by  fees  such 
compensation  for  said  services  as  they  would  have  received 
prior  to  the  passage  of  this  act:  Frorided,  That  such  serv- 
ices in  the  opinion  of  the  Secretary  of  the  Treasury  have 
been  necessarily  rendered. 

No  consular  oflicer,  nor  any  i^erson  under  any  consular  k. s, i7i». 
officer  shall  make  any  charge  or  receive,  directly  or  indi- 
rectly, any  compensation,  by  way  of  commission  or  other- 
wise, for  receiving  or  disbursing  the  wages  or  extra  wages 
to  which  any  seaman  or  mariner  is  entitled  who  is  dis- 
charged in  any  foreign  country,  or  for  any  money  advanced 
to  any  such  seaman  or  mariner  who  seeks  relief  from  any 
consulate  or  commercial  agency;  nor  shall  any  consular 
officer,  or  any  person  under  any  consular  officer,  be  inter- 
ested, directly  or  indirectly,  in  any  profit  derived  from 
clothing,  boarding,  or  otherwise  supplying  or  sending  home 
any  such  seaman  or  mariner.  Such  probibition  as  to  profit, 
however,  shall  not  be  construed  to  relieve  or  prevent  any 
such  officer  who  is  the  owner  of  or  otherwise  interested  in 
any  vessel  of  the  United  States,  from  transporting  in  such 
vessel  any  such  seaman  or  mariner,  or  from  receiv'ing  or 
being  interested  in  such  reasonable  allowance  as  may  be 
made  for  such  transportation  by  law. 

American  vessels  running  regularly  by  weekly  or  monthly    R  s ,  1720. 
trips,  or  otherwise,  to  or  between  foreign  ports,  shall  not 
be  required  to  pay  fees  to  consuls  for  more  than  four  trips 
in  a  year. 

The  fee  for  certifying  invoices  to  be  charged  by  the  con     u.  s.,1721. 
sul-general  for  the  British  North  American  Provinces,  and 
his  subordinate  consular  officers  and  agents,  for  goods  not 
exceeding  one  hundred  dollars  in  value,  shall  be  one  dollar. 

250.  Naval  officer  acting  as  consul. 

The  commanding  officer  of  any  fleet,  squadron,  or  vessel    k.s,,1433. 
acting  singly,  when  upon  the  high  seas  or  in  any  foreign 
port  where  there  is  no  resident  consul  of  the  United  States, 
shall  be  authorized  to  exercise  all  the  powers  of  a  consul 
in  relation  to  mariners  of  the  United  States. 


Part  XVIII— COMMERCE  WITH  CONTIGUOUS 
COUNTRIES. 


251.  Size  of  foreigu-trade  vessels.  259.  Duties  on  repairs. 

252.  Evasion  of  the  coasting  laws  on  the     260.  Entry  from  one  district  to  another. 


lakes  and  frontiers. 

253.  Inward  manifests. 

254.  Customs  inspection. 

255.  Customs  seals  on  frontier. 

256.  Transfer  of  cargo. 

257.  Sea-stores. 

258.  Saloon  stores. 


261.  Discharging  cargo  and  passengers. 

262.  Steam  tugs. 

263.  Forms  and  penalties. 

264.  Touching  at  foreign  ports. 

265.  Foi'eign  merchandise. 

266.  Special  provisions  for  British  North 

America. 


251.  Size  of  foreign-trade  vessels. 

R.  s.,  3095.  Except  into  the  districts  hereinbefore  described  on  the 

northern,  northwestern,  and  western  boundaries  of  the 
United  States,  adjoining-  to  the  Dominion  of  Canada,  or 
into  the  districts  adjacent  to  Mexico,  no  merchandise  of 
foreign  growth  or  manufacture,  subject  to  the  payment  of 
.  duties,  shall  be  brought  into  the  United  States  from  any 
foreign  i^ort  in  any  other  manner  than  by  sea,  nor  in  any 
vessel  of  less  than  thirty  tons  burden,  agreeably  to  the 
admeasurement  directed  for  ascertaining  the  tonnage  of 
vessels;  or  landed  or  unladen  at  any  other  port  than  is 
directed  by  this  Title  [E.  S.,  2517-3129],  under  the  penalty 
of  seizure  and  forfeiture  of  all  such  vessels,  and  of  the  mer- 
chandise imported  therein,  landed  or  unladen  in  any  other 
manner. 

R.  s.,  3oor,.  All  persons  may  import  any  merchandise  of  which  the 

importation  shall  not  be  entirely  prohibited,  into  the  dis- 
tricts which  are  or  maybe  established  on  the  northern  and 
northwestern  boundaries  of  the  United  States,  in  vessels 
or  boats  of  any  burden,  and  in  rafts  or  carriages  of  any 
kind  or  nature  whatsoever. 

252.  Evasion  of  coasting  laws  on  the  lakes  and  frontiers. 

R.  s.,  ;iiio.  If  any  merchandise   shall,  at    any  port  in  the  United 

States  on  the  northern,  northeastern,  or  northwestern 
frontiers  thereof,  be  laden  upon  any  vessel  belonging 
wholly  or  in  part  to  a  subject  of  a  foreign  country,  and 
shall  be  taken  thence  to  a  foreign  port  to  be  reladen  and 
reshipped  to  any  other  port  in  the  United  States  on  such 
frontiers,  either  by  the  same  or  any  other  vessel,  foreign  or 
American,  with  intent  to  evade  the  ])rovisions  relating  to 
the  transportation  of  merchandise  from  one  port  of  the 
■^  United  States  to  another  i^ort  of  the  United  States,  in  a 
vessel  belonging  wholly  or  in  part  to  a  subject  of  any 
208 


PART   XVIII. COMMERCE    WITH    CONTIGUOUS    COUNTRIES.       209 

foreign  power,  the  inercUandise  shall,  on  its  arrival  at  such 
last-uamed  port,  be  seized  and  forfeited  to  the  United 
States,  and  the  vessel  shall  pay  a  tonnage-duty  of  lifty 
cents  per  ton  on  her  admeasurement. 

253.  Inward  manifests. 

All  vessels,  boats,  rafts,  and  carriages,  of  what  kind  k.  s.,3097. 
soev^er,  arriving  in  such  districts,  on  the  northern  and 
northwestern  frontiers,  containing  merchandise  subject  to 
duties,  on  being  imported  into  any  port  of  the  Ihiited 
States,  shall  be  reported  to  the  collector,  or  other  cliief  offi- 
cer of  the  customs  at  the  port  of  entry  in  the  district  into 
which  it  shall  be  so  imported;  and  such  merchandise  shall 
be  accompanied  Avith  like  manifests,  and  like  entries  shall 
be  made,  by  the  persons  having  charge  of  any  such  ves- 
sels, boats,  rafts,  and  carriages,  and  by  the  owners  or  con- 
signees of  the  merchandise  laden  on  board  the  same;  and 
the  powers  and  duties  of  the  officers  of  the  customs  shall 
be  exercised  and  discharged  in  the  districts  last  mentioned, 
in  like  manner  as  is  prescribed  in  respect  to  merchandise 
imported  in  vessels  from  the  sea;  and  generally,  all  such 
importations  shall  be  subject  to  like  regulations,  penalties, 
and  forfeitures  as  in  other  districts,  except  as  is  hereinafter 
specially  provided. 

The  master  of  any  vessel,  except  registered  vessels,  and  ks.,3098. 
every  person  having  charge  of  any  boat,  canoe,  or  raft, 
and  the  conductor  or  driver  of  any  carriage  or  sleigh,  and 
every  other  person,  coming  from  any  foreign  territory  ad- 
jacent to  the  United  States  into  the  United  States,  with 
merchandise  subject  to  duty,  shall  deliver,  immediately  on 
his  arrival  within  the  United  States,  a  manifest  of  the 
cargo  or  loading  of  such  vessel,  boat,  canoe,  raft,  carriage, 
or  sleigh,  or  of  the  merchandise  so  brought  from  such 
foreign  territory,  at  the  office  of  any  collector  or  deputy 
collector  which  shall  be  nearest  to  the  boundary-line,  or 
nearest  to  the  road  or  waters  by  which  such  merchandise 
is  brought;  and  every  such  manifest  shall  be  verified  by 
the  oath  of  such  person  delivering  the  same;  which  oath 
shall  be  taken  before  such  collector  or  deputy  collector; 
and  such  oath  shall  state  that  such  manifest  contains  a 
full,  just,  and  true  account  of  the  kinds,  quantities,  and 
values  of  all  the  merchandise  so  brought  from  such  foreign 
territory. 

If  the  master,  or  other  person  having  charge  of  any  ves-  it.  s.,  3009. 
sel,  boat,  canoe,  or  raft,  or  the  conductor  or  driver  of  any 
carriage  or  sleigh,  or  other  person  bringing  such  merchan- 
dise, shall  neglect  or  refuse  to  deliver  the  manifest  required 
by  the  preceding  section,  or  pass  by  or  avoid  such  office, 
the  merchandise  subject  to  duty,  and  so  imported,  shall  be 
forfeited  to  the  United  States,  together  with  the  vessel, 
boat,  canoe,  or  raft,  the  tackle,  apparel,  and  furniture  ot 
the  same,  or  the  carriage  or  sleigh,  and  harness  and  cattle 
drawing  the  same,  or  the  horses  with  their  saddles  and 
bridles,  as  the  case  may  be ;  and  such  master,  conductor, 
NAV  99,  PT  2 14 


210       PART    XVIII. COMMERCE    WITH    CONTIGUOUS    COUNTRIES. 

or  other  importer  shall  be  subject  to  a  penalty  of  four  times 
the  value  of  the  merchandise  so  imported. 

254.  Customs  inspection. 

K.s.,3100.  All  merchandise,  and  all  baggage  and  effects  of  passen- 

gers, and  all  other  articles  imported  into  the  United  States 
from  any  contiguous  foreign  country,  except  as  hereafter 
provided,  as  well  as  the  vessels,  cars,  and  other  vehicles 
and  envelopes  in  which  the  same  shall  be  imported,  shall 
be  unladen  in  the  presence  of,  and  be  insi)ected  by,  an 
inspector  or  other  officer  of  the  customs,  at  the  first  port  of 
entry  or  custom-house  in  the  United  States  where  the  same 
shall  arrive ;  and  to  [enable  the  proper  officer  thorouglily  to 
discharge  this  duty,  he  may  require  the  owner  or  his  agent, 
or  other  person,  having  charge  or  possession  of  |  any  trunk, 
traveling-bag,  or  sack,  valise,  or  other  envelope,  or  of  any 
closed  vessel,  car,  or  other  vehicle,  to  open  the  same,  or  to 
deliver  to  him  the  proper  key. 

K.s.,3101.  If  any  owner,  agent,  or  other  person  shall  refuse  or  neg- 

lect to  comply  with  his  demands,  allowed  by  the  preceding 
section,  the  officer  shall  retain  such  trunk,  traveling  bag,  or 
sack,  valise,  or  whatsoever  it  may  be,  and  open  the  same, 
and,  as  soon  thereafter  as  may  be  practicable,  examine  the 
contents;  and  if  any  article  subject  to  the  payment  of  duty 
shall  be  found  therein,  the  whole  contents,  togetlier  with 
the  envelope,  shall  be  forfeited  to  the  United  States,  and 
disposed  of  as  the  law  provides  in  other  similar  cases.  If 
any  such  dutiable  merchandise  or  article  shall  be  found  in 
any  such  vessel,  car,  or  other  vehicle,  the  owner,  agent,  or 
other  person  in  charge  of  which  shall  have  refused  to  open 
the  same  or  deliver  the  key  as  herein  provided,  the  same, 
together  with  the  vessel,  car,  or  other  vehicle,  shall  be  for- 
feited to  the  United  States,  and  shall  be  held  by  such  officer, 
to  be  disposed  of  as  the  law  provides  in  other  similar  cases 
of  forfeiture. 

255.  Customs  sea/s  on  frontier. 

E.s.,3102.  To  avoid  the  inspection  at  the  first  port  of  arrival,  the 

owner,  agent,  master,  or  conductor  of  any  such  vessel,  car, 
or  other  vehicle,  or  owner,  agent,  or  other  person  having 
charge  of  any  such  merchandise,  baggage,  effects,  or  other 
articles,  may  apply  to  any  officer  of  the  United  States  duly 
authorized  to  act  in  the  premises,  to  seal  or  close  the  same, 
under  and  according  to  tlie  regulations  hereinafter  author- 
ized, previous  to  their  importation  into  the  United  States; 
which  officer  shall  seal  or  close  the  same  accordingly; 
whereupon  the  same  may  proceed  to  their  port  of  destina- 
tion without  further  inspection.  Every  such  vessel,  car,  or 
other  vehicle,  shall  proceed,  without  unnecessary  delay,  to 
the  port  of  its  destination,  as  named  in  the  manifest  of  its 
cargo,  freight,  or  contents,  and  be  there  inspected.  Nothing 
contained  in  this  section  shall  be  construed  to  exempt  such 
vessel,  car,  or  vehicle,  or  its  contents,  from  such  examina- 
tion as  may  be  necessary  and  proper  to  prevent  frauds 
upon  the  revenue  and  violations  of  this  Title  [R.  S., 
2517-3121)1. 


PART   XVIII. COMMERCE    WITH    CONTIGUOUS    Col'NTiaKS.       211 

The  Secretary  of  the  Treasury  is  hereby  authorized  and  k  s.,3103. 
required  to  make  such  rejiulations,  and  from  time  to  time  so 
to  change  the  same  as  to  liim  shall  seem  necessary  and 
proper,  for  sealing  such  vessels,  cars,  and  other  vehicles, 
when  practicable,  and  for  sealing,  marking,  and  identifying 
such  merchandise,  baggage,  oftects,  trunks,  traveling-bags, 
or  sacks,  valises,  and  other  enveloi)es  and  articles ;  and  also 
in  regard  to  invoices,  manifests,  and  other  i)ertinent  papers, 
and  their  authentication. 

If  the  owner,  master,  or  person  in  charge  of  any  vessel,  i<s.,3i04. 
car,  or  other  vehicle  so  sealed,  shall  not  proceed  to  the  port 
or  place  of  destination  thereof  named  in  the  manifest  of 
its  cargo,  freight,  or  contents,  and  deliver  such  vessel,  car, 
or  vehicle  to  the  proper  officer  of  the  customs,  or  shall  dis- 
pose of  the  same  by  sale  or  otherwise,  or  shall  unload  the 
same,  or  any  part  thereof,  at  any  other  than  such  port,  or 
place,  or  shall  sell  or  dispose  of  the  contents  of  such  ves- 
sel, car,  or  other  vehicle,  or  any  part  thereof,  before  such 
delivery,  he  shall  be  deemed  guilty  of  felony,  and  on  con- 
viction thereof,  before  any  court  of  competent  jurisdiction, 
pay  a  fine  not  exceeding  one  thousand  dollars,  or  shall  be 
imprisoned  for  a  term  not  exceeding  five  years,  or  both,  at 
the  discretion  of  the  court;  and  such  vessel,  car,  or  other 
vehicle,  with  its  contents,  shall  be  forfeited  to  the  United 
States,  and  may  be  seized  wherever  found  within  the  United 
States,  and  disposed  of  and  sold  as  in  other  cases  of  for- 
feiture. Nothing  in  this  section,  however,  shall  be  con- 
strued to  prevent  sales  of  cargo,  in  whole  or  in  part,  prior 
to  arrival,  to  be  delivered  as  per  manifest,  and  after  due 
inspection. 

If  any  unauthorized  person  or  persons  shall  willfully  iJ  s.,3105. 
break,  cut,  pick,  open,  or  remove  any  wire,  seal,  lead,  lock, 
or  other  fastening  or  mark  attached  to  any  vessel,  car,  or 
other  vehicle,  crate,  box,  bag,  bale,  basket,  barrel,  bundle, 
cask,  trunk,  package,  or  parcel,  or  anything  whatsoever, 
under  and  by  virtue  of  this  Title  [R.  S.,  2517-3129]  and 
regulations  authorized  by  it,  or  any  other  law,  or  shall  affix 
or  attach,  or  any  way  willfully  aid,  assist,  or  encourage  the 
affixing  or  attaching,  by  wire  or  otherwise,  to  any  vessel, 
car,  or  other  vehicle,  or  to  any  crate,  box,  bale,  barrel,  bag, 
basket,  bundle,  cask,  i)ackage,  parcel,  article,  or  thing  of 
any  kind,  any  seal,  lead,  metal,  or  anything  purporting  to 
be  a  seal  authorized  by  law,  such  person  or  persons  sliall 
be  deemed  guilty  of  felony,  and  shall  be  imprisoned  for  a 
term  not  exceeding  five  years,  or  shall  pay  a  fine  of  not 
exceeding  one  thousand  dollars,  or  both,  at  the  discretion 
of  the  court. 

Each  vessel,  car,  or  other  vehicle,  crate,  box,  bag,  basket,  1-  « .  aioe. 
barrel,  bundle,  cask,  trunk,  package,  parcel,  or  other  thing, 
with  the  cargo,  or  contents  thereof,  from  which  the  wire, 
seal,  lead,  lock,  or  other  fastening  or  mark  shall  have  been 
broken,  cut,  picked,  opened,  or  removed  by  any  such  unau- 
thorized person  or  persons,  or  to  which  such  seal,  or  other 
thing  purporting  to  be  a  seal,  has  been  wrongfully  attached, 
shall  be  forfeited. 


212      PART   XVIII. COMMERCE    WITH    CONTIGUOUS    COUNTRIES. 

256.  Transfer  of  cargo. 

rv.s.,3109.  The  master  of  any  foreign  vessel,  laden  or  in  ballast, 

arriving,  whether  by  sea  or  otherwise,  in  the  waters  of  the 
United  States  from  any  foreign  territory  adjacent  to  the 
northern,  northeastern,  or  northwestern  frontiers  of  the 
United  States,  shall  report  at  the  office  of  any  collector  or 
deputy  collector  of  the  customs,  which  shall  be  nearest  to 
the  point  at  which  such  vessel  may  enter  such  waters;  aud 
such  vessel  shall  not  transfer  her  cargo  or  passengers  to 
another  vessel  or  proceed  farther  inland,  either  to  unlade 
or  take  in  cargo,  without  a  special  permit  from  such  col 
lector  or  deputy  collector,  issued  under  and  in  accordance 
with  such  general  or  special  regulations  as  the  Secretary  of 
the  Treasury  may,  iu  his  discretion,  from  time  to  time 
Feb.  17, 1898.  prescHbe.  This  section  shall  also  apply  to  trade  with  or 
Sec.  4.  through  Alaska.     For  any  violation  of  this  section  such 

vessel  shall  be  seized  and  forfeited. 

257.  Sea-stores. 

R.  s.,  3111.  If  any  vessel  enrolled  or  licensed  to  engage  in  the  foreign 

and  coasting  trade  on  the  northern,  northeastern,  and 
northwestern  frontiers  of  the  United  States  shall  touch  at 
any  port  in  the  adjacent  British  provinces,  and  the  master 
of  such  vessel  shall  purchase  any  merchandise  for  the  use 
of  the  vessel,  the  master  of  the  vessel  shall  report  the 
same,  with  cost  and  quantity  thereof,  to  the  collector  or 
other  officer  of  the  customs  at  the  first  port  in  the  United 
States  at  which  he  shall  next  arrive,  designating  them  as 
"sea-stores;"  and  in  the  oath  to  be  taken  by  such  master 
of  such  vessel,  on  making  such  report,  he  shall  declare 
that  the  articles  so  specified  or  designated  "sea-stores "are 
truly  intended  for  the  use  exclusively  of  the  vessel,  and 
are  not  intended  for  sale,  transfer,  or  private  use.  If  any 
other  or  greater  quantity  of  dutiable  articles  shall  be  found 
on  board  such  vessel  than  are  specified  in  such  report  or 
entry  of  such  articles,  or  any  i^art  thereof  shall  be  landed 
without  a  permit  from  a  collector  or  other  officer  of  the 
customs,  such  articles  together  with  the  vessel,  her  apparel, 
tackle,  and  furniture,  shall  be  forfeited. 

K.s.,3112.  If,  upon  examination  aud  inspection  by  the  collector  or 

other  officer  of  the  customs,  such  articles  are  not  deemed 
excessive  in  quantity  for  the  use  of  the  vessel,  until  an 
American  port  may  be  reached  by  such  vessel,  where  such 
sea-stores  can  be  obtained,  such  articles  shall  be  declared 
free  of  duty;  but  if  it  shall  be  found  that  the  quantity  or 
quantities  of  such  articles,  or  any  part  thereof  so  reported 
are  excessive,  it  shall  be  lawful  for  the  collector  or  other 
officer  of  the  customs  to  estimate  the  amount  of  duty  on 
such  excess,  which  shall  be  forthwith  paid  by  the  master 
of  the  vessel,  on  penalty  of  paying  a  sum  of  not  less  than 
one  hundred  dollars,  nor  more  than  four  times  the  value  of 
such  excess,  or  such  master  shall  be  punishable  by  impris- 
onment for  not  less  than  three  months,  and  not  more  than 
two  years. 


PART   XVIII. COMMERCE    WITH    CONTIGUOUS   COUNTRIES.      213 

258.  Saloon  stores. 

Articles  piircliased  for  the  use  of  or  for  sale  on  board  any  u.  s.,  3113. 
sucb  vessel,  as  saloon  stores  or  supplies,  shall  be  deemed 
merchandise,  and  shall  be  liable,  when  purchased  at  a 
foreign  ])ort,  to  entry  and  the  i)aynient  of  the  duties  found 
to  be  due  tliereon,  at  the  first  port  of  arrival  of  such  ves- 
sel in  the  United  States;  and  for  a  failure  on  the  part  of 
the  saloon-keeper  or  i)erson  purcliasing  or  owning  such 
articles  to  report,  make  entries,  and  pay  duties,  as  herein- 
before required,  such  articles,  together  with  the  fixtures 
and  other  merchandise,  found  in  such  saloon  or  on  or  about 
such  vessel  belonging  to  and  owned  by  such  saloon-keeper 
or  other  person  interested  in  such  saloon,  shall  be  seized 
and  forfeited,  and  such  saloon-keeper  or  other  j)erson  so 
purchasing  and  owning  shall  be  liable  to  a  penalty  of  not 
less  than  one  hundred  dollars  and  not  more  than  five  hun- 
dred, and  shall  be  punishable  by  imprisonment  for  not  less 
than  three  months,  and  not  more  than  two  years. 

259.  Duties  on  repairs. 

The  equipments,  or  any  part  thereof,  including  boats,  k.s.,3ii4. 
purchased  for,  or  the  expenses  of  rejiairs  made  in  a  foreign 
country  upon  a  vessel  enrolled  and  licensed  under  the  laws 
of  the  United  States  to  engage  in  the  foreign  and  coasting 
trade  on  the  northern,  northeastern,  and  northwestern 
frontiers  of  the  United  States,  or  a  vessel  intended  to  be 
employed  in  such  trade,  shall,  on  the  first  arrival  of  such 
vessel  in  any  port  of  the  United  States,  be  liable  to  entry 
and  the  payment  of  an  ad-valorem  duty  of  fifty  per  centum 
on  the  cost  thereof  in  such  foreign  country;  and  if  the 
owner  or  master  of  such  vessel  shall  willfully  and  know- 
ingly neglect  or  fail  to  report,  make  entry,  and  pay  duties 
as  herein  required,  such  vessel,  with  her  tackle,  apparel, 
and  furniture,  shall  be  seized  and  forfeited. 

No  license,  or  enrollment  and  license,  nor  renewal  of  i:.s.,433o 
either,  shall  hereafter  be  issued  to  any  vessel  until  the  col 
lector  to  whom  application  is  made  for  the  same  is  satisfied, 
from  the  oath  of  the  owner  or  master,  that  all  equipments 
and  repairs,  made  in  a  foreign  port  within  the  year  immedi- 
ately preceding  such  application,  have  been  duly  accounted 
for,  and  the  duties  accruing  thereon  duly  paid;  and  if  such 
owner  or  master  shall  refuse  to  take  such  oath,  or  take  it 
falsely,  the  vessel  shall  be  seized  and  forfeited. 

If  the  owner  or  master  of  such  vessel  shall,  however,  i^.  g.,  3115. 
furnish  good  and  suflicient  evidence  that  such  vessel,  while 
in  the  regular  course  of  her  voyage,  was  compelled,  by 
stress  of  weather  or  other  casualty,  to  put  into  such  foreign 
port  and  purchase  such  equipments,  or  make  such  repairs, 
to  secure  the  safety  of  the  vessel  to  enable  lier  to  reach  her 
port  of  destination,  then  it  shall  be  competent  for  the  Secre- 
tary of  the  Treasury  to  remit  or  refund  such  duties,  and 
such  vessel  shall  not  be  liable  to  forfeiture,  and  no  license 
or  enrollment  and  license,  or  renewal  of  either,  shall  here- 
after be  issued  to  any  such  vessel  until  the  collector  to 


214      PART   XVIII. — COMMERCE    WITH    CONTIGUOUS    COUNTRIES. 

whom  application  is  made  for  the  same  shall  be  satisfied, 
from  the  oatli  of  the  owner  or  master,  that  all  such  equip- 
ments and  repairs  made  within  the  year  immediately  pre 
ceding  such  application  have  been  duly  accounted  for  under 
the  provisions  of  this  and  the  preceding  sections,  and  tlie 
duties  accruing  thereon  duly  paid;  and  if  such  owner  or 
master  shall  refuse  to  take  such  oath,  or  take  it  falsely,  the 
vessel  shall  be  seized  and  forfeited. 

260.  Entry  from  one  district  to  another. 

R.  s.,  3116.  The  master  of  every  vessel  enrolled  or  licensed  to  engage 

in  the  foreign  and  coasting  trade  on  the  northern,  north- 
eastern, and  northwestern  frontiers  of  the  United  States, 
except  canal- boats  employed  in  navigating  the  canals  within 
the  United  States,  shall,  before  the  departure  of  his  vessel 
from  a  port  in  one  collection-district  to  a  port  in  another  col- 
lection-district, present  to  the  collector  at  the  port  of  depar- 
ture duplicate  manifests  of  his  cargo,  or,  if  he  have  no  cargo, 
duplicate  manifests  setting  forth  that  fact;  such  manifests 
shall  be  subscribed  and  sworn  to  by  the  master  before  the 
collector,  who  shall  indorse  thereon  his  certificate  of  clear- 
ance, retaining  one  for  the  files  of  his  ofiBce;  the  other  he 
shall  deliver  for  the  use  of  the  master. 

E.  s.,  3117.  If  any  vessel  so  enrolled  or  licensed  shall  touch  at  any 

intermediate  port  of  the  United  States,  and  there  discharge 
cargo  taken  on  board  at  an  American  port,  or  at  such  inter- 
mediate ports  shall  take  on  board  cargo  destined  for  an 
American  port,the  master  of  such  vessel  shall  not  be  required 
to  report  such  lading  or  unlading  at  such  intermediate  i)orts, 
but  shall  enter  the  same  on  his  manifest  obtained  at  the 
original  port  of  departure,  which  he  shall  deliver  to  the  col- 
lector of  the  i)ort  at  which  the  unlading  of  the  cargo  is  com  - 
pleted,  within  twenty-four  hours  after  arrival,  and  shall  sub- 
scribe and  make  oath  as  to  the  truth  and  correctness  of  the 
same. 

K.  s.,  3118.  The  master  of  any  vessel  so  enrolled  or  licensed  shall, 

before  departing  from  a  port  in  one  collection-district  to  a 
place  in  another  collection-district,where  there  is  no  custom- 
house, file  his  manifest,  and  obtain  a  clearance  in  the  same 
manner,  and  make  oath  to  the  manifest,  which  manifest  and 
clearance  shall  be  delivered  to  the  i^roper  officer  of  customs 
at  the  port  at  which  the  vessel  next  arrives  after  leaving  the 
place  of  destination  specified  in  the  clearance. 

R.s.,3119.  Nothing  contained  in  the  three  preceding  sections  shall 

exempt  masters  of  vessels  from  reporting,  as  now  required 
by  lavf ,  any  merchandise  destined  for  any  foreign  port.  No 
permit  shall  be  required  for  the  unlading  of  cargo  brought 
from  an  American  port. 

R.  s.,  3120.  No  merchandise  taken  from  any  port  in  the  United  States 

on  the  northern,  northeastern,  or  northwestern  frontiers 
thereof,  to  a  port  in  another  collection-district  of  the  United 
States  on  such  frontiers,  in  any  vessel,  shall  be  unladen  or 
delivered  from  such  vessel  within  the  United  States,  but  in 
open  day,  that  is  to  say,  between  the  rising  and  setting  of 


PART    XVII I. COMMERCE    WITH    CONTIGUOUS    COUNTRIES.       215 

the  sun,  except  by  special  license  from  the  collector  or  otlier 
principal  oflicer  of  the  port  for  the  purpose.  The  owner  of 
every  vessel  whose  master  or  manager  shall  neglect  to  com- 
ply with  the  provisions  of  this  section  shall  be  liable  to  a 
l)enalty  of  not  less  than  one  liundred  dollars  nor  more  than 
live  hundred.  The  Secretary  of  the  Treasury  may,  from 
time  to  time,  make  such  regulations  as  to  him  shall  seem 
necessary  and  expedient  for  unloading  at  and  clearance 
from  any  port  or  place  on  such  frontiers  of  ships  or  vessels 
at  night.  And  the  Secretary  of  the  Treasury  be,  and  he  is 
hereby,  authorized,  in  his  discretion,  to  make  such  regula- 
tions as  shall  enable  vessels  engaged  in  the  coasting  trade 
between  ports  and  places  upon  Lake  Michigan  exclusively, 
and  laden  with  American  productions  and  free  merchandise 
only,  to  unlade  their  cargoes  without  i)reviously  obtaining 
a  permit  to  unlade. 

The  master  of  any  vessel  so  enrolled  or  licensed,  destined  '^- « •  3122. 
with  a  cargo  from  a  place  in  the  United  States,  at  which 
there  may  be  no  custom-house,  to  a  port  where  there  may 
be  a  custom-house,  shall,  within  twenty-four  hours  after 
arrival  at  the  port  of  destination,  deliver  to  the  i)roper 
oflScer  of  the  customs  a  manifest,  subscribed  by  him,  set- 
ting forth  the  cargo  laden  at  the  jdace  of  departure,  or 
laden  or  unladen  at  any  intermediate  port,  or  place,  to  the 
truth  of  which  manifest  he  shall  make  oath  before  such 
officer.  If  the  vessel,  however,  have  no  cargo,  the  master 
shall  not  be  required  to  deliver  such  manifest. 

261.  Discharging  cargo  and  passengers. 

The  master  of  any  vessel  with  cargo,  passengers,  or    k.  S..3121. 
baggage  from  any  foreign  port,  shall  obtain  a  permit  and 
comply  with  existing  laws,  before  discharging  or  landing 
the  same. 

262.  Steam  tugs. 

Steam-tugs  duly  enrolled  and  licensed  to  engage  in  the  r.s.sim. 
foreign  and  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers  of  the  United  States,  when 
exclusively  employed  in  towing  vessels,  shall  not  be 
required  to  report  and  clear  at  the  custom  house.  When 
such  steam-tugs,  however,  are  employed  in  towing  rafts  or 
other  vessels  without  sail  or  steam  motive-power,  not 
required  to  be  enrolled  or  licensed  under  existing  laws, 
they  shall  be  required  to  report  and  clear  in  the  same 
manner  as  is  hereinbefore  provided  in  similar  cases  for 
other  vessels. 

263.  Forms  and  penalties. 

The  manifests,  certificates  of  clearance,  and  oaths,  pro-    ^•^-.3124. 
vided  for  by  the  eight  preceding  sections  f  R.  S.,  3116-3 1 23J, 
shall  be  in  such  form,  and  prei)ared,  tilled  up,  and  executed 
m  such  manner  as  the  Secretary  of  the  Treasury  may  from 
time  to  time  prescribe. 

If  the  master  of  any  enrolled   or   licensed  vessel  shall    Ks.,312.';. 
neglect  or  fail  to  comply  with  any  of  the  provisions  or 


216       PART    XVIII. COMMERCE    WITH    CONTIGUOUS    COUNTRIES. 

requirements  of  the  nine  preceding  sections,  such  master 
shall  forfeit  and  pay  to  the  United  States  the  sum  of 
twenty  dollars  for  each  and  every  failure  or  neglect,  and 
for  which  sum  the  vessel  shall  be  liable,  and  may  be  sum- 
marily proceeded  against,  by  way  of  libel,  in  any  district 
court  of  the  United  States. 

264.  Touching  at  foreign  ports. 

R.s.,3126.  Any  vessel,  on  being  duly  registered  in  pursuance  of 

the  laws  of  the  United  States,  may  engage  in  trade 
between  one  port  in  the  United  States  and  one  or  more 
ports  within  the  same,  with  the  privilege  of  touching  at 
one  or  more  foreign  ports  during  the  voyage,  and  land 
and  take  in  thereat  merchandise,  i^asseugers  and  their 
baggage,  and  letters,  and  mails.  All  such  vessels  shall 
be  furnished  by  the  collectors  of  the  ports  at  which  they 
shall  take  in  their  cargoes  in  the  United  States,  with 
certified  manifests,  setting  forth  the  particulars  of  the  car- 
goes, the  marks,  number  of  packages,  by  whom  shipped, 
to  whom  consigned,  at  what  port  to  be  delivered;  desig- 
nating such  merchandise  as  is  entitled  to  drawback,  or  to 
the  privilege  of  being  i)laced  in  warehouse;  and  the  mas- 
ters of  all  such  vessels  shall,  on  their  arrival  at  any  port 
of  the  United  States  from  any  foreign  port  at  which  such 
vessel  may  have  touched,  as  herein  provided,  conform  to 
the  laws  providing  for  the  delivery  of  manifests  of  cargo 
and  passengers  taken  on  board  at  such  foreign  port,  and 
all  other  laws  regulating  the  report  and  entry  of  vessels 
from  foreign  ports,  and  be  subject  to  all  the  penalties 
therein  prescribed. 

265.  Foreign  merchandise. 

fi.s.,3127.  Any  foreign  merchandise  taken  in  at  one  port  of  the 

United  States  to  be  conveyed  in  registered  vessels  to  any 
other  port  within  the  same,  either  under  the  provisions 
relating  to  warehouses,  or  under  the  laws  regulating  the 
transportation  coastwise  of  merchandise  entitled  to  draw- 
back, as  well  as  any  merchandise  not  entitled  to  drawback, 
but  on  which  the  import  duties  chargeable  by  law  shall 
have  been  duly  paid,  shall  not  become  subject  to  any  import 
duty  by  reason  of  the  vessel  in  which  they  may  arrive 
having  touched  at  a  foreign  port  during  the  voyage. 

266.  Special  provisions  for  British  North  America. 

R.s.,3128.  When  any  merchandise  shall  be  imported  from  Canada 

into  the  United  States,  in  any  steamboat  on  Lake  Cham- 
plain,  and  the  merchandise  shall  have  been  duly  entered, 
the  duties  thereon  paid  at  the  office  of  the  collector  of  any 
district  adjoining  Lake  Champlain,  it  shall  be  lawful  to 
land  such  merchandise  in  the  same  or  any  other  district 
adjoining  Lake  Champlain. 

E.s.,3129.  The  Secretary  of  the  Treasury,  with  the  approbation  of 

the  President,  provided  the  latter  shall  be  satisfied  that 
similar  privileges  are  extended  to  vessels  of  the  United 


PART    XVIII. COMMERCE    WITH    CONTIGUOUS    COUNTRIES.       217 

States  in  the  colonies  hereinafter  mentioned,  is  hereby 
anthorized,  under  such  rejjuhitions  as  he  may  prescribe  to 
protect  the  revenue  from  fraud,  to  permit  vessels  laden 
with  the  products  of  Canada,  New  Brunswick,  Xova  Scotia, 
Newfoundland,  and  Prince  Edward  Island,  or  either  of 
them,  to  lade  or  unlade  at  any  i)ort  within  any  collection- 
district  of  the  United  States  which  he  may  desijiiiate;  and 
if  any  such  vessel  entering  a  port  so  designated,  to  lade  or 
unlade,  shall  neglect  or  refuse  to  comply  with  the  regula- 
tions so  prescribed  by  the  Secretary  of  the  Treasury,  such 
vessel,  and  the  owner  and  master  thereof,  shall  be  subject 
to  the  same  penalties  as  if  no  authority  under  this  section 
bad  been  granted  to  lade  or  unlade  in  such  ijort. 


Part  XIX.— DOMESTIC  COMMERCE. 


267.  Great  districts. 

268.  Clearance  within  a  great  district. 

269.  Entry  within  a  great  district. 

270.  Coasting    trade    via    Isthmus     of 

Panama. 

271.  Clearance  for  another  great  district. 

272.  Entry  to  another  great  district. 

273.  Exemption  on  the  Mississippi  and 

tributaries. 

274.  Vessels  with  domestic  cargo. 

275.  Registered  vessels  in  the  coasting- 

trade. 


276.  Report  by  master. 

277.  Foreign  vessels  barred  from  coast- 

ing trade. 

278.  Immediate  exportation   to  foreign 

port. 
2  79.  Foreign  vessels  on  coasting  voyages. 

280.  Foreign  tug-boats. 

281.  Penalties  for  violations  of  coasting 

laws. 

282.  Forfeiture  of  vessel  and  merchan- 

dise. 


267.  Great  districts. 

R.  s.,  4348.  The  sea-coast  and  navigable  rivers  of  the  United  States 

shall  be  divided  into  three  great  districts:  the  first  to 
include  all  the  collection  districts  on  the  sea-coast  and 
navigable  rivers,  between  the  eastern  limits  of  the  United 
States  and  the  southern  limits  of  Georgia;  the  second  to 
include  all  the  collection-districts  on  the  sea-coast  and 
navigable  rivers  between  the  river  Perdido  and  the  Rio 
Grande;  and  the  third  to  include  all  the  collection-districts 
on  the  sea  coast  and  navigable  rivers  between  the  southern 
limits  of  Georgia  and  the  river  Perdido. 


R.  S.,  4349. 


268.  Clearance  within  a  great  district. 

The  master  of  every  vessel  under  twenty  tons  burden 
licensed  for  carrying  on  the  coasting-trade,  destined  from 
a  district  in  one  State  to  a  district  in  the  same  or  an  adjoin- 
ing State,  on  the  sea-coast  or  on  a  navigable  river,  and  of 
every  vessel  of  the  burden  of  twenty  tons  and  upward,  des- 
tined from  a  district  within  one  of  the  great  districts  to 
another  district  within  the  same  great  district,  or  from  a 
State  in  one  great  district  to  an  adjoining  State  in  another 
great  district,  having  on  board  either  distilled  spirits  in 
casks  exceeding  five  hundred  gallons,  wines  in  casks  exceed- 
ing two  hundred  and  fifty  gallons,  or  in  bottles  exceeding 
one  hundred  dozens,  sugar  in  casksor  boxes  exceeding  three 
thousand  pounds,  or  foreign  merchandise  in  packages,  as 
imported,  exceeding  in  value  four  hundred  dollars,  or  mer- 
chandise, consisting  of  such  enumerated  or  other  articles 
of  foreign  growth  or  manufacture,  or  of  both,  whose  aggre- 
gate value  exceeds  eight  hundred  dollars,  shall,  previous 
to  the  departure  of  such  vessel  from  the  port  where  she 
may  then  be,  make  out  and  subscribe  duplicate  manifests 
of  the  whole  of  such  cargo  on  board  such  vessel,  specifying 


218 


PART    XIX. DOMESTIC    COMMERCE.  219 

in  such  manifests  tlie  marks  aud  numbers  of  every  cask,  bag, 
box,  chest,  or  packas:e  containing  the  same,  with  the  name 
aud  place  of  residence  of  every  shipper  and  consij;uee,  and 
the  quantity  shipped  by  and  to  each.  If  there  be  a  collector 
or  surveyorresidiug  at  such  port,  or  within  live  miles  thereof, 
he  shall  deliver  such  manifest  to  the  collector,  if  thcie  be 
one;  otherwise  to  the  surveyor,  before  whom  he  shall  swear, 
to  the  best  of  his  knowledge  and  belief,  that  the  goods 
therein  contained  were  legally  imported,  and  the  duties 
thereupon  paid  or  secured,  or  if  spirits  distilled  within  the 
United  States  that  the  duties  thereupon  have  been  ])aid  or 
secured.  Thereupon  the  collector  or  surveyor  shall  certify 
the  same  on  the  manifests,  one  of  which  he  shall  return  to 
the  master,  with  a  permit,  specifying  thereon,  generally,  the 
lading  on  board  such  vessel,  and  authorizing  him  to  proceed 
to  the  port  of  his  destination. 

If  any  vessel,  being  laden  and  destined,  as  mentioned  in  ^'  s.,4350. 
the  preceding  section,  shall  depart  from  the  port  where  she 
may  then  be  without  the  master  having  first  made  out  and 
subscribed  duplicate  manifests  of  the  lading  on  board  smih 
vessel,  and  in  case  there  be  a  collector  or  surveyor  residing 
at  such  port,  or  within  five  miles  thereof,  without  having 
previously  delivered  the  same  to  the  collector  or  surveyor, 
and  obtaining  a  permit,  such  master  shall  be  liable  to  a 
penalty  of  one  hundred  dollars. 

269.  Entry  within  a  great  district. 

The  master  of  every  vessel  licensed  for  carrying  on  the  ^^  s-.435l 
coasting-trade,  having  on  board  either  distilled  spirits  in 
casks  exceeding  tiveliundred  gallons,  wine  in  casks  exceed- 
ing two  hundred  and  fifty  gallons,  or  in  bottles  exceeding- 
one  hundred  dozens,  sugar  in  casks  or  boxes  exceeding 
three  thousand  pounds,  or  foreign  merchandise  in  packages, 
as  imported,  exceeding  in  value  four  hundred  dollars,  or 
goods,  wares,  or  merchandise,  consisting  of  such  enumer- 
ated or  other  articles  of  foreign  growth  or  manufacture,  or 
of  both,  whose  aggregate  value  exceeds  eight  hundred  dol- 
lars, and  arriving  from  a  district  in  one  State,  at  a  district 
in  the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a 
navigable  river,  or,  if  of  the  burden  of  twenty  tons  or 
upward,  arriving  at  a  district  within  one  of  the  great  dis- 
tricts from  another  district  within  the  same  great  district, 
or  from  a  State  adjoining  such  great  district,  shall,  previ- 
ous to  the  unlading  of  any  part  of  tlie  cargo  of  such  vessel, 
deliver  to  the  collector,  if  there  be  one,  or  if  not,  to  the 
surveyor  residing  at  the  i)ort  of  her  arrival,  or  if  tliere  be 
no  collector  or  surveyor  residing  at  such  port,  then  to  a 
collector  or  surveyor,  if  there  be  any  such  oflicer  residing 
within  five  miles  thereof,  the  manifest  of  the  cargo,  certi- 
fied by  the  collector  or  surveyor  of  the  district  from  whence 
she  sailed  if  there  be  such  manifest,  otherwise  the  duplicate 
manifest  thereof,  as  is  hereinbefore  directed,  to  the  truth 
of  which,  before  such  officer,  he  shall  swear.  If  there  have 
been  taken  on  board  such  vessel  any  other  or  more  goods 
than  are  contained  in  such  manifest  or  manifests,  since  her 


220  PART    XIX. — DOMESTIC    COMMERCE. 

departure  from  the  port  from  whence  she  first  sailed,  or  if 
any  goods  have  been  since  landed,  the  master  shall  make 
known  and  particularize  the  same  to  the  collector  or  sur- 
veyor, or  if  no  such  goods  have  been  so  taken  on  board  or 
landed,  he  shall  so  declare,  to  the  truth  of  which  he  shall 
swear.  Thereupon  the  collector  or  surveyor  shall  grant  a 
permit  for  unlading  a  part  or  the  whole  of  such  cargo,  as 
the  master  or  commander  may  request.  If  there  is  no  col- 
lector or  surveyor  residing  at  or  within  five  miles  of  the 
port  of  her  arrival,  the  master  of  such  vessel  may  proceed 
to  discharge  the  lading  from  on  board  such  vessel,  but  shall 
deliver  to  the  collector  or  surveyor  residing  at  the  first  port 
where  he  may  next  afterward  arrive,  and  within  twenty- 
four  hours  of  his  arrival,  the  manifest  or  manifests,  noting 
thereon  the  times  when  and  places  where  the  goods  therein 
mentioned  have  been  unladen,  to  the  truth  of  which,  before 
the  last-mentioned  collector  or  surveyor,  he  shall  swear. 

E.  s.,  4352.  If  the  master  of  any  such  vessel,  being  laden  and  des- 

tined as  mentioned  in  the  preceding  section,  shall  neglect 
or  refuse  to  deliver  manifests,  at  the  times  and  in  the  man- 
ner directed,  he  shall  be  liable  to  a  penalty  of  one  hundred 
dollars. 

270.  Coasting  trade  via  Isthmus  of  Panama. 

[See  paragraph  426,  page  43:3,  R.  S.  2999.J 

271.  Clearance  for  another  great  district. 

R.  s.,  4353.  The  master  of  every  vessel  under  twenty  tons  of  burden 

licensed  for  carrying  on  the  coasting-trade,  and  destined 
from  any  district  of  the  United  States  to  a  district  other 
than  a  district  in  the  same  or  an  adjoining  State,  on  the  sea- 
coast,  or  on  a  navigable  river,  and  of  every  vessel  of  the 
burden  of  twenty  tons  and  upward,  destined  to  a  district 
other  than  a  district  within  the  same  great  district,  or 
within  a  State  adjoining  such  great  district,  shall,  previous 
to  her  departure,  deliver  to  the  collector  residing  at  the 
port  where  such  vessel  may  be,  if  there  is  one,  otherwise 
to  the  collector  of  the  district  comprehending  such  port,  or 
to  a  surveyor  within  the  district,  as  the  one  or  the  other 
may  reside  nearest  to  the  port  at  which  such  vessel  may  be, 
duplicate  manifests  of  the  whole  cargo  on  board  such  ves- 
sel; or  if  there  is  no  cargo  on  board,  he  shall  so  certify; 
and  if  there  are  any  distilled  spirits,  or  merchandise  of 
foreign  growth  or  manufacture  on  board,  other  than  what 
may  by  the  collector  be  deemed  sufficient  for  sea-stores,  he 
shall  specify  in  such  manifests  the  marks  and  niimbers  of 
every  cask,  bag,  box,  chest,  or  i)ackage  containing  the 
same,  with  the  name,  and  i)lace  of  residence  of  every  ship- 
per and  consignee  of  such  distilled  spirits,  or  merchandise 
of  foreign  growth  or  manufacture,  and  the  quantity  shipped 
by  and  to  each.  The  manifests  or  certificates  shall  be  sub- 
scribed and  sworn  to  by  him ;  and  he  shall  also  swear,  be- 
fore the  collector  or  surveyor,  that  such  merchandise  of 
foreign  growth  or  manufacture  was,  to  the  best  of  his 
knowledge  and  belief,  legally  imported,  and   the  duties 


PART    XIX. DOMESTIC    COMMERCE.  221 

tliereupon  paid  or  secured ;  or,  if  spirits  distilled  within  the 
United  States,  that  the  duties  thereupon  liave  been  <luly 
paid  or  secured.  Upon  the  pertbnuunce  of  these  provi- 
sions, and  not  before,  the  collector  or  surveyor  shall  certify 
the  same  on  the  numifests  or  certificates;  one  of  which  he 
shall  return  to  tlie  master,  with  a  ])ermit  thereto  annexed, 
authorizing"  him  to  proceed  to  the  port  of  his  destination. 

If  any  such  vessel,  destined  as  mentioned  in  the  i)reeed-  k.s., 4:154. 
ing  section,  shall  depart  from  the  port  where  she  may  then 
be,  having  distilled  spirits,  or  goods,  wares,  or  merchan- 
dise of  foreign  growth  or  manufacture  on  board,  without 
complying  with  the  requirements  of  the  preceding  section, 
the  master  thereof  shall  be  liable  to  a  penalty  of  one  hun- 
dred dollars;  or,  if  the  lading  be  of  goods  the  growth  or 
manufiicture  of  the  United  States  only,  or  if  such  vessel 
have  no  cargo,  and  she  depart  without  the  several  things 
required  in  the  preceding  section  being  complied  with,  the 
master  shall  be  liable  to  a  penalty  of  fifty  dollars. 

272.  Entry  to  another  great  district. 

The  master  of  every  vessel  under  twenty  tons  burden  k.s., 4.355. 
licensed  to  carry  on  the  coasting  trade,  arriving  at  any  dis- 
trict of  the  United  States  from  any  district  other  than  a 
district  in  the  same  or  an  adjoining  State  on  the  sea-coast, 
or  on  a  navigable  river,  and  of  every  vessel  of  the  bur(ien  of 
twenty  tons  and  upward  arriving  from  a  district  other  than 
a  district  within  the  same  great  district,  or  from  a  State 
adjoining  such  great  district,  shall  deliver  to  the  collector 
residing  at  the  port  where  she  may  arrive  if  there  be  one, 
otherwise  to  the  collector  or  surveyor  in  the  district  com- 
prehending such  port,  as  the  one  or  the  other  may  reside 
nearest  thereto,  if  the  collector  or  surveyor  reside  at  a.  dis- 
tance not  exceeding  five  miles,  within  twenty-four  hours, 
or,  if  at  a  greater  distance,  within  forty-eight  hours  next 
after  his  arrival,  and  previous  to  the  unlading  any  of  the 
goods  brought  in  such  vessel,  the  manifest  of  the  cargo,  if 
there  be  any,  certified  by  the  collector  or  surveyor  of  the 
district  from  whence  she  last  sailed;  and  shall  make  oath, 
before  the  collector  or  surveyor,  that  there  was  not  when 
he  sailed  from  the  district  where  his  manifest  was  certided, 
and  has  not  been  since,  and  is  not  then  any  more  or  other 
merchandise  of  foreign  growth  or  manufacture,  or  distilled 
spirits,  if  there  be  any,  other  than  sea  stores,  on  board  such 
vessel,  than  is  therein  mentioned;  and  if  there  be  none 
such,  he  shall  so  swear;  and  if  there  be  no  cargo  on  board, 
he  shall  produce  the  certificate  of  the  collector  or  surveyor 
of  the  district  from  whence  she  last  sailed  that  such  is  the 
case.  Thereupon  such  collector  or  surveyor  shall  grant  a 
permit  for  unlading  the  whole  or  part  of  such  cargo,  if 
there  be  any,  within  his  district,  as  the  master  may  re- 
quest; and  where  a  part  only  of  the  merchandise  of  for- 
eign growth  or  manufacture,  or  of  distilled  spirits,  brouj^ht 
in  such  vessel,  is  intended  to  be  landed,  the  collector  or 
surveyor  shall  make  an  indorsement  of  such  part  on  the 
back  of  the  manifest,  specifying  the  articles  to  be  landed; 
and  shall  return  such  manifest  to  the  master,  indorsing  also 


222  PART    XIX. DOMESTIC    COMMERCE. 

thereon  his  i)ermi8siou  for  such  vessel  to  proceed  to  the 
j)lace  of  her  destination. 
K.s.,4356.  If  the  master  of  such  vessel,  laden  and  destined  as  men- 

tioned in  the  preceding  section,  shall  neglect  or  refuse  to 
deliver  the  manifest,  or,  if  she  has  no  cargo,  the  certificate, 
within  the  time  directed  in  the  preceding  section,  he  shall 
be  liable  to  a  penalty  of  one  hundred  dollars,  and  the  mer- 
chandise of  foreign  growth  or  manufacture,  or  distilled 
spirits,  found  on  board,  or  landed  from  such  ship  or  vessel, 
not  being  certified  as  required,  shall  be  forfeited ;  and  if  the 
same  shall  amount  to  the  value  of  eight  hundred  dollars, 
such  ship  or  vessel,  with  her  tackle,  apparel,  and  furniture, 
shall  be  also  forfeited. 

273.  Exemption  on  the  Mississippi  and  tributaries. 

July  12, 1876.  The  provisious  of  sections  forty-three  hundred  and  forty- 
nine,  forty-three  hundred  and  fifty,  forty-three  hundred 
and  fifty-one,  forty-three  hundred  and  fifty-two,  forty-three 
hundred  and  fifty-three,  forty-three  hundred  and  fifty-four, 
forty-three  hundred  and  fifty- five,  and  forty- three  hundred 
and  fifty-six  of  the  Revised  Statutes,  requiring  the  master 
of  every  vessel  licensed  to  carry  on  the  coasting-trade,  laden 
in  part  with  foreign  merchandise  or  distilled  spirits,  to  pro- 
cure a  permit  from  the  customs  officer  of  the  port  at  which 
his  vessel  was  laden,  authorizing  him  to  proceed  to  his  port 
of  destination,  and  also  to  procure  a  permit  from  the  port  of 
destination  for  the  unlading  of  his  cargo,  shall  not  be  held 
to  include  vessels  engaged  in  the  navigation  of  the  Missis- 
sippi River  or  tributaries  above  the  port  of  New  Orleans. 

274.  Vessels  with  domestic  cargo. 

R.s.,4359.  Nothing  in  this  Title  [R.  S.,  4311-4390]  shall  be  so  con- 

strued as  to  oblige  the  master  of  any  vessel  of  less  than 
twenty  tons  burden,  licensed  for  carrying  on  the  coasting 
trade,  bound  from  a  district  in  one  State  to  a  district  in 
the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a  navi- 
gable river,  or  of  any  vessel  of  the  burden  of  twenty  tons  or 
upward,  bound  from  a  district  within  one  of  the  great  dis- 
tricts to  a  district  within  the  same  great  district,  or  within 
a  State  adjoining  such  great  district,  having  on  board  mer- 
chandise of  the  growth,  product,  or  manufacture  of  the 
United  States  only,  except  distilled  spirits,  or  distilled  spirits 
not  more  than  five  hundred  gallons,  wine  in  casks  not  more 
than  two  hundred  and  fifty  gallons,  or  in  bottles  not  more  than 
than  one  hundred  dozen,  sugar  in  casks  or  boxes  not  more 
than  three  thousand  x^ounds,  or  foreign  merchandise  in 
packages,  as  imported,  of  not  more  value  than  four  hun- 
dred dollars,  or  merchandise  consisting  of  such  enumerated 
or  other  articles  of  foreign  growth  or  manufacture,  or  of 
both,  whose  aggregate  value  shall  be  not  more  than  eight 
hundred  dollars,  to  deliver  a  manifest  thereof,  or  obtain  a 
j)ermit,  previous  to  her  departure,  or,  on  her  arrival  within 
such  district,  to  make  any  report  thereof;  but  such  master 
shall  be  provided  with  a  manifest,  by  him  subscribed,  of 
the  lading,  of  what  kind  soever,  which  was  on  board  such 


PART    XIX. DOMESTIC    COMMERCE.  223 

vessel  at  tlie  time  of  his  departure  from  the  district  from 
which  she  hist  sailed,  and  if  the  same,  or  any  part  of  such 
lading,  consist  of  di.stilled  spirits,  or  merchaudise  of  foreign 
growth  or  nuinufacture,  with  the  marks  and  numbers  of 
each  cask,  bag,  box,  chest,  or  package  containing  the  same, 
with  the  name  of  the  shipper  and  consignee  of  each.  Such 
manifest  shall  be  by  him  exhibited,  for  the  inspection  of 
any  oflficer  of  the  revenue,  when  required  by  such  officer; 
and  he  shall  also  inform  such  officer  from  whence  such  ves- 
sel last  sailed,  and  how  long  she  has  been  in  port,  when  by 
him  so  interrogated. 

Whenever  the  master  of  such  vessel,  laden  and  destined  k.s.,436o. 
as  described  in  the  preceding  section,  is  not  i)rovided,  on 
his  arrival  within  any  such  district,  with  a  manifest,  and 
does  not  exhibit  the  same,  as  required  in  the  preceding  sec- 
tion, if  the  lading  of  such  vessel  consist  wholly  of  merchan- 
dise the  produce  or  manufacture  of  the  United  States, 
distilled  spirits  excepted,  he  shall  be  liable  to  a  penalty  of 
twenty  dollars,  or  if  there  be  distilled  spirits,  or  merchan- 
dise of  foreign  growth  or  manufacture,  on  board,  excepting 
what  may  be  sufficient  for  sea  stores,  he  shall  be  liable  to 
a  penalty  of  forty  dollars;  or  if  he  shall  refuse  to  answer 
the  interrogatories  truly,  as  is  herein  required,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars.  If  any  of  the 
merchandise  laden  on  board  such  vessel  be  of  foreign 
growth  or  manufacture,  or  of  spirits  distilled  within  the 
United  States,  so  much  of  the  same  as  may  be  found  on 
board  such  vessel,  and  not  included  in  the  manifest  exhib- 
ited by  such  master,  shall  be  forfeited. 

Coasting- vessels,  going  from  Long  Island,  in  the  State  of  R  s.,  4357. 
New  York,  to  the  State  of  Rhode  Island,  or  from  the  State 
of  Ehode  Island  to  Long  Island,  shall  have  the  same  privi- 
leges as  are  allowed  to  vessels  under  the  like  circumstances 
going  from  a  district  in  one  State  to  a  district  in  the  same 
or  an  adjoining  State. 

275.  Registered  vessels  in  the  coasting-trade. 

Whenever  any  vessel  of  the  United  States,  registered  r.s.,436]. 
according  to  law,  is  employed  in  going  from  any  one  dis- 
trict in  the  United  States  to  any  other  district,  such  vessel, 
and  the  master  thereof,  with  the  goods  she  may  have  on 
board  j)revious  to  her  departure  from  the  district  where 
she  may  be,  and  also  upon  her  arrival  in  any  other  district, 
shall  be  subject,  except  as  to  the  payment  of  fees,  to  the 
same  regulations,  provisions,  penalties,  and  forfeitures,  and 
the  like  duties  are  imposed  on  like  officers,  as  are  i)rovi(led 
for  vessels  licensed  for  carrying  on  the  coasting-trade. 
Nothing  herein  contained  shall  be  construed  to  extend  to 
registered  vessels  of  the  United  States  having  on  board 
merchandise  of  foreign  growth  or  manufacture,  brought 
into  the  United  States,  in  such  vessel,  from  a  foreign  ])ort, 
and  on  which  the  duties  have  not  been  paid  according  to 
law. 


224  PART    XIX. DOMESTIC    COMMERCE; 

276.  Report  by  master. 

R.s.,43C6.  The  master  of  every  vessel  employed  in  the  transporta- 

tion of  merchandise  from  district  to  district,  that  shall  put 
into  a  port  other  than  the  one  to  which  she  was  bound, 
shall,  within  twenty-four  hours  of  his  arrival,  if  there  be  an 
officer  residing-  at  such  port,  and  she  continue  there  so 
long,  make  report  of  his  arrival  to  such  officer,  with  the 
name  of  the  place  he  came  from,  and  to  which  he  is  bound, 
with  an  account  of  his  lading;  and  every  master  who  neg- 
lects or  refuses  so  to  do  shall  be  liable  to  a  penalty  of 
twenty  dollars. 

277.  Foreign  vessels  barred  from  coasting-trade. 

R.s.,4347.  No  merchandise  shall  be  transported  by  water  under 

Mar.  3, 1883.     penalty  of  forfeiture  thereof  from  one  port  of  the  United 
June  19, 1886.    g^^tcs  to  auothcr  port  of  the  United  States,  either  directly 

Feb.  15,1893.  .„.  ^i./?  ^^ii'  • 

Feb  17 1898     *^^  "^^^  ^  forcigu  port,  Or  for  any  part  of  the  voyage,  in  any 
Sec.  1.  other  vessel  than  a  vessel  of  the  United  States.     But  this 

section  shall  not  be  construed  to  prohibit  the  sailing  of  any 
foreign  vessel  from  one  to  another  port  of  the  United  States : 
Provided,  That  no  merchandise  other  than  that  imported 
in  such  vessel  from  some  foreign  port  which  shall  not  have 
been  unladen  shall  be  carried  from  one  port  or  place  in  the 
United  States  to  another. 

June  19, 1886.       No  forcign  vessel  shall  transport  passengers  between 
Sec. 8.  ports  or  places  in  the  United  States,  either  directly  or  by 

Feb.  n,  1898.     .^rj,y  Qf  r^  foreign  port,  under  a  penalty  of  two  hundred  dol- 
lars for  each  passenger  so  transported  and  landed. 


Sec.  2. 


278.  Immediate  exportation  to  foreign  port. 

Feb.  17, 1898.        Whenever  merchandise  is  imported  into  the  United  States 
Sec.  3.  i3y  j;ga  fQj.  immediate  exiwrtation  to  a  foreign  port  by  sea, 

or  by  a  river,  the  right  to  ascend  or  descend  which  for  the 
purposes  of  commerce  is  secured  by  treaty  to  the  citizens 
of  the  United  States  and  the  subjects  of  a  foreign  power, 
the  Secretary  of  the  Treasury  is  hereby  authorized  to  pre- 
scribe regulations  for  the  transshipment  and  transportation 
of  such  merchandise. 

279.  Foreign  vessels  on  coasting  voyages. 

R.s.,4367.  The  master  of  every  foreign  vessel  bound  from  a  district 

in  the  United  States  to  any  other  district  within  the  same, 
shall,  in  all  cases,  previous  to  her  departure  from  such  dis- 
trict, deliver  to  the  collector  of  such  district  duplicate 
manifests  of  the  lading  on  board  such  vessel,  if  there  be 
any,  or,  if  there  be  none,  he  shall  declare  that  such  is  the 
case;  and  to  the  truth  of  such  manifest  or  declaration  he 
shall  swear,  and  also  obtain  a  permit  from  the  collector, 
authorizing  him  to  proceed  to  the  place  of  his  destination. 

U.S., 4368.  The  master  of  every  foreign  vessel,  on  his  arrival  within 

any  district  from  any  other  district,  shall,  in  aU  cases, 


PART    XIX. DOMESTIC    COMISIERCE.  225 

within  forty  eiglit  hours  after  his  arrival,  and  previous  to 
the  unhiding  of  any  jj^oods  from  on  board  such  vessel,  deliver 
to  the  collector  of  the  district  where  he  may  have  arrived, 
a  manifest  of  the  goods  laden  on  board  such  vessel,  if  any 
there  be;  or  if  in  ballast  only,  he  shall  so  declare;  he  shall 
swear  to  the  truth  of  such  manifest  or  declaration,  and 
shall  also  swear  that  such  manifest  contains  an  account  of 
all  the  merchandise  which  was  on  board  such  vessel  at  the 
time,  or  has  been  since  her  departure  from  the  place  from 
whence  she  shall  be  reported  last  to  have  sailed;  and  he 
shall  also  deliver  to  such  collector  the  permit  which  was 
given  him  from  the  collector  of  the  district  from  whence  he 
sailed. 

Every  master  of  any  foreign  vessel  who  neglects  or  refuses  r.  s.,  430a 
to  comply  with  any  of  the  requirements  of  the  two  preced- 
ing sections,  shall  be  liable  to  a  penalty  of  one  hundred 
dollars.  Nothing  therein  contained  shall,  however,  be  con- 
strued as  affecting  the  payment  of  tonnage,  or  any  other 
requirements  to  which  such  vessels  are  subject  by  law. 

280.  Foreign  tug-boats. 

All  steam  tug-boats  not  of  the  United  States  found  em-  K.s.,4370. 
ployed  in  towing  documented  vessels  of  the  United  States 
plying  from  one  port  or  place  in  the  same  to  another,  shall 
be  liable  to  a  ijenalty  of  fifty  cents  per  ton  on  the  measure- 
ment of  every  such  vessel  so  towed  by  them  respectively, 
which  sum  may  be  recovered  by  way  of  libel  or  suit.  This 
section  shall  not  apply  to  any  case  where  the  towing,  in  whole 
or  in  part,  is  within  or  \x\)o\\  foreign  waters.  Any  foreign 
railroad  company  or  corporation,  whose  road  enters  the 
United  States  by  means  of  a  ferry  or  tug  boat,  may  own 
such  boat,  and  it  shall  be  subject  to  no  other  or  different 
restrictions  or  regulations  in  such  employment  than  if  owned 
by  a  citizen  of  the  United  States. 

281.  Penalties  for  violation  of  coasting  laws. 

Every  vessel  of  twenty  tons  or  upward,  other  than  reg-  R.R.,4:i7i. 
istered  vessels  found  trading  between  district  and  district, 
or  between  different  places  in  the  same  district,  or  carrying 
on  the  fishery  without  being  enrolled  and  licensed,  or  if  less 
than  twenty  tons  and  not  less  than  five  tons,  without  a 
license, in  the  manner  provided  by  this  Title  [R.  S.,4311- 
4390],  if  laden  with  merchandise  the  growth  or  manufacture 
of  the  United  States  only,  distilled  spirits  excepted,  or  in 
ballast,  shall  pay  the  same  fees  and  tonnage  in  every  port 
of  the  United  States  at  which  she  may  arrive  as  vessels 
not  belonging  to  a  citizen  of  the  United  States;  and,  if  she 
have  on  board  any  articles  of  foreign  growth  or  manufac- 
ture, or  distilled  spirits,  other  than  sea-stores,  she  shall, 
together  with  her  tackle,  apparel,  and  furniture,  and  the 
lading  found  on  board,  be  forfeited. 

Every  vessel  of  twenty  tons  or  upwards,  entitled  to  be    June  19,1886. 
documented  as  a  vessel  of  the  United  States,  other  than    sec.7. 

NAV  99,  PT  2 15 


226  PART    XIX. DOMESTIC    COMMERCE. 

registered  vessels,  found  trading  between  district  and  dis- 
trict, or  between  different  places  in  the  same  district,  or 
carrying  on  the  fishery,  without  being  enrolled  and  licensed, 
and  every  vessel  of  less  than  twenty  tons  and  not  less  than 
five  tons  burden  found  trading  or  carrying  on  the  fishery 
as  aforesaid  without  a  license  obtained  as  provided  by  this 
title  shall  be  liable  to  a  fine  of  thirty  dollars  at  every  port 
of  arrival  without  such  enrollment  or  license.  But  if  tlm 
license  shall  have  expired  while  the  vessel  was  at  sea,  and 
there  shall  have  been  no  o]>portunity  to  renew  such  license, 
then  said  tine  of  thirty  dollars  shall  not  be  incirred. 

And  so  much  of  section  four  thousand  three  hundred  and 
seventy-one  of  the  Revised  Statutes  as  relates  to  vessels 
entitled  to  be  documented  as  vessels  of  the  United  States 
is  hereby  repealed. 
R.  s.,  4372.  jf  any  vessel  be  at  sea  at  the  expiration  of  the  time  for 

which  the  license  was  given,  and  the  master  of  such  vessel 
shall  swear  that  such  was  the  case,  and  shall  also,  within 
forty-eight  hours  after  his  arrival,  deliver  to  the  collector 
of  the  district  in  which  he  shall  first  arrive  the  license 
which  shall  have  expired,  the  forfe'ture  prescribed  in  the 
preceding  section  shall  not  be  incurred,  nor  shall  the  vessel 
be  liable  to  pav  the  fees  and  tonnage  therein  required. 

R.s.,4377.  Whenever  any  licensed  vessel  is  transferred,  in  whole  or  in 

part,  to  any  person  who  is  not  at  the  time  of  such  transfer  a 
citizen  of  and  resident  within  the  United  States,  or  is  em- 
ployed in  any  other  trade  than  that  for  which  she  is  licensed, 
or  is  found  with  a  forged  or  altered  license,  or  one  granted 
for  any  other  vessel,  such  vessel  with  her  tackle,  apparel, 
and  furniture,  and  the  cargo,  found  on  board  her,  shall  be 
forfeited.  But  vessels  which  may  be  licensed  for  the  mack- 
erel-fishery shall  not  incur  such  forfeiture  by  engaging  in 
catching  cod  or  fish  of  any  other  description  whatever. 

282.  Forfeiture  of  vessel  and  merchandise. 

R.s.,4378.  Any  merchandise  on  board  any  vessel  which  belongs,  in 

good  faith,  to  any  person  other  than  the  master,  owner,  or 
mariners  of  such  vessel,  and  upon  which  the  duties  have 
been  paid,  or  secured  according  to  law,  shall  be  exempted 
from  any  forfeiture  under  this  Title  [R.  S.,  4311-4390]. 

R.  s.,  4379  In  every  case  where  a  forfeiture  of  any  vessel  or  mer- 

chandise shall  accrue,  it  shall  be  the  duty  of  the  collector 
or  other  proper  officer,  who  shall  give  notice  of  the  seizure 
of  such  vessel  or  of  such  merchandise,  to  insert  in  the  same 
advertisement  the  name  and  the  place  of  residence  of  the 
person  to  whom  any  such  vessel  and  merchandise  belonged 
or  were  consigned,  at  the  time  of  such  seizure,  if  the  same 
be  known  to  him. 

R.s.,4380.  All  penalties  and  forfeitures  which  shall  be  incurred  by 

virtue  of  this  Title  [R.  S.,  4311-4390]  may  be  sued  for,  j^rose- 
cuted,  and  recovered  as  penalties  and  forfeitures  incurred 
by  virtue  of  the  laws  relating  to  the  collection  of  duties, 
and  shall  be  appropriated  in  like  manner;  except  when 
otherwise  expressly  prescribed. 


Part  XX.— TRADE  WITH  HAWAII. 


283.  Annexation  Resolution. 

Whereas  the  Government  of  the  Republic  of  ITawaii,  hav-  -^"^y  '•  ^^ss 
iug,  in  due  form,  sig^nilied  its  consent,  in  the  manner  pro 
vided  by  its  constitution,  to  cede  absolutely  and  without 
reserve  to  the  United  States  of  America  all  rights  of  sov- 
ereignty of  whatsoever  kind  in  and  over  the  Hawaiian  Is- 
lands and  their  dependencies,  and  also  to  cede  and  transfer 
to  the  United  States  the  absolute  fee  and  ownersliip  of  all 
public.  Government,  or  Crown  lauds,  public  buildings  or 
edifices,  ports,  harbors,  military  equipment,  and  all  other 
l)ublic  property  of  every  kind  and  description  belonging  to 
the  Government  of  the  Hawaiian  Islands,  together  with 
every  right  and  appurtenance  thereunto  appertaining: 
Therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  said 
cession  is  accepted,  ratified,  and  confirmed,  and  that  the 
said  Hawaiian  Islands  and  their  dependencies  be,  and  they 
are  hereby,  annexed  as  a  part  of  the  territory  of  the  United 
States  and  are  subject  to  the  sovereign  dominion  thereof, 
and  that  all  and  singular  the  property  and  rights  hereinbe- 
fore mentioned  are  vested  in  the  United  States  of  America. 

The  existing  laws  of  the  United  States  relative  to  public 
lands  shall  not  apply  to  such  lands  in  the  llawiuian  Is- 
lands; but  the  Congress  of  the  United  States  shall  enact 
special  laws  for  their  management  and  disposition :  I*ro- 
rided,  That  all  revenue  from  or  proceeds  of  the  same,  ex- 
cept as  regards  such  part  thereof  as  may  be  used  or  occupied 
for  the  civil,  military,  or  naval  purposes  of  the  United 
States,  or  may  be  assigned  for  the  use  of  the  local  govern- 
ment, shall  be  used  solely  for  the  benefit  of  the  inhabitants 
of  the  Hawaiian  Islands  for  educational  and  other  public 
purposes. 

Until  Congress  shall  provide  for  the  government  of  such 
islands  all  the  civil,  judicial,  and  military  powers  exercised 
by  the  officers  of  the  existing  government  in  said  islands 
shall  be  vested  in  such  person  or  persons  and  shall  be  ex- 
ercised in  such  manner  as  the  President  of  the  United 
States  shall  direct;  and  the  President  shall  have  power  to 
remove  said  officers  and  fill  the  vacancies  so  occasioned. 

The  existing  treaties  of  the  Hawaiian  Islands  with  for- 
eign nations  shall  forthwith  cease  and  determine,  being 
replaced  by  such  treaties  as  may  exist,  or  as  may  be  here- 
after concluded,  between  the  United  States  and  such  for- 
eign nations.    The  municipal  legislation  of  the  Hawaiian 

227 


228  PART    XX. TRADE    WITH    HAWAII. 

Islands,  not  enacted  for  the  fullillment  of  the  treaties  so 
extinguished,  and  not  inconsistent  with  this  joint  resolu- 
tion nor  contrary  to  the  Constitution  of  the  United  States 
nor  to  any  existing  treaty  of  the  United  States,  shall  re 
main  in  force  until  the  Congress  of  the  United  States  shall 
otherwise  determine. 

Until  legislation  shall  be  enacted  extending  the  United 
States  customs  laws  and  regulations  to  the  Hawaiian  Is 
lands  the  existing  customs  relations  of  the  Ilawaiian  Islands 
with  the  United  States  and  other  countries  shall  remain 
unchanged. 

The  public  debt  of  the  Republic  of  Hawaii,  lawfully  ex- 
isting at  the  date  of  the  passage  of  this  joint  resolution, 
including  the  amounts  due  to  depositors  in  the  Hawaiian 
Postal  Savings  Bank,  is  hereby  assumed  by  the  Govern 
ment  of  the  United  States;  but  the  liability  of  the  United 
States  in  this  regard  shall  in  no  case  exceed  four  million 
dollars.  So  long,  however,  as  the  existing  Government 
and  the  present  commercial  relations  of  the  Hawaiian  Is- 
lands are  continued  as  hereinbefore  provided  said  Govern 
ment  shall  continue  to  pay  the  interest  on  said  debt. 

There  shall  be  no  further  immigration  of  Chinese  into 
the  Hawaiian  Islands,  except  upon  such  conditions  as  are 
now  or  may  hereafter  be  allowed  by  the  laws  of  the  United 
States ;  and  no  Chinese,  by  reason  of  anything  herein  con- 
tained, shall  be  allowed  to  enter  the  United  States  from 
the  Hawaiian  Islands. 


Part  XXI.— TRADE  WITH  PORTO  RICO. 


284.  Treaty  of  Peace. 

Spain  cedes  to  tlie  United  States  the  island  of  Porto  Rico    Apr.  ii,  isdd. 
and  other  islands  now  nnder  Si)anish  sovereignty  in  the 
West  Indies,  and  the  island  of  Guam  in  the  Marianas  or 
Ladroues.      Article  II,  Treaty  of  Paris,  Dec.  10, 1898,  pro- 
claimed, Apr.  11, 181)9.J 

229 


Part  XXII.— TRADE  WITH  THE  PHILIPPINES. 


285.  Treaty  of  Peace. 

Apr.  11, 1899.  Spaiu  cedes  to  the  United  States  tue  archipelago  known 
as  the  Philippine  Islands.  [Article  III,  Treaty  of  Paris, 
Dec.  10, 1898,  proclaimed,  Apr.  11, 1899.] 

The  United  States  will,  for  the  term  of  ten  years  from 
the  date  of  the  exchange  of  the  ratifications  of  the  present 
treaty,  admit  Spanish  ships  and  merchandise  to  the  ports 
of  the  Philippine  Islands  on  the  same  terms  as  ships  and 
merchandise  of  the  United  States.  [Article  lY,  Treaty  of 
Paris,  Dec.  10, 1898,  proclaimed,  Apr.  11, 1899.] 

230 


Part  XXIIL— TRADE   WITH  ALASKA. 


286.  Subject  to  coasting  laws.  291.  Procedure. 

287.  Fireaiiiis  and  li(inor.  292.  St.  Paul  aad  St.  George  islands. 

288.  Speciiil  licenses.  293.  Transit  in  bond. 

289.  Transfer  of  cargo.  294.  Crimes  and  penalties. 

290.  Yukon  and  Stikine  river  trade. 

286.  Subject  to  coasting  laws. 

The  laws  of  the  United  States  relating  to  customs,  com-  u.s.,1954. 
merce  and  navigation  are  extended  to  and  over  all  the 
mainland,  islands,  and  waters  of  the  territory  ceded  to  the 
United  States  by  the  Emperor  of  Kussia  by  treaty  con- 
cluded at  Washington  on  the  thirtieth  day  of  March,  anno 
Domini  eighteen  hundred  and  sixty-seven,  so  far  as  the 
same  may  be  applicable  thereto. 

The  coasting- trade  between  the  territory  ceded  to  the    K.s.,4358. 
United  States  by  the  Emjieror  of  Russia  and  any  other 
portion  of  the  United  States  shall  be  regulated  in  accord- 
ance with  the  provisions  of  law  applicable  to  such  trade 
between  any  two  great  districts. 


287.  Firearms  and  liquor. 

The  President  shall  have  power  to  restrict  and  regulate 
or  to  ])rohibit  the  importation  and  use  of  firearms,  ammu- 
nition, and  distilled  spirits  into  and  within  the  Territory  of 
Alaska.  The  exportation  of  the  same  from  any  other  i)ort 
or  place  in  the  United  States,  when  destined  to  any  port  or 
place  in  that  Territory,  and  all  such  arms,  ammunition,  and 
distilled  spirits,  exported  or  attemi)ted  to  be  exported  from 
any  port  or  jdace  in  the  United  States  and  destined  for 
such  Territory,  in  violation  of  any  regulations  that  may  be 
prescribed  under  this  section,  and  all  such  arms,  ammuni- 
tion, and  distilled  spirits  landed  or  attempted  to  be  landed 
or  used  at  any  port  or  place  in  the  Territory,  in  violation 
of  such  regulations,  shall  be  forfeited;  and  if  the  value  of 
the  same  exceeds  four  hundred  dollars  the  vessel  upon 
which  the  same  is  found,  or  from  which  they  have  been 
landed,  together  with  her  tackle,  apparel,  and  furniture  and 
cargo,  shall  be  forfeited;  and  any  person  willfully  violating 
such  regulations  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imi)risoned  not  more  than  six  months.  Bonds 
may  be  required  for  a  faithful  observance  of  such  regula- 
tions from  the  master  or  owners  of  any  vessel  departing 
from  any  i)ort  in  the  United  States  having  on  board  tire- 
arms,  ammunition,  or  distilled  spirits,  when  such  vessel  is 


R.  S.,  1955. 
Mar.  3, 1899. 


231 


232  PART    XXIir. TRADE    WITH    ALASKA. 

destined  to  any  place  in  tlie  Territory,  or  if  not  so  des- 
tined, when  there  is  reasonable  ground  of  suspicion  that 
such  articles  are  intended  to  be  landed  therein  in  violation 
of  law ;  and  similar  bonds  may  also  be  required  on  the  land- 
ing of  any  such  articles  in  the  Territory  from  the  person  to 
whom  the  same  may  be  consigned. 
May  17, 1884.  And  the  manufacture  of  intoxicating  liquors  in  said  dis 
Sec.  14.  trict  except  for  medicinal,  mechanical  and  scientific  pur- 

Mar.3,1899.  poses  is  hereby  prohibited  under  the  penalties  which  are 
provided  in  section  nineteen  hundred  and  fifty-five  of  the 
Revised  Statutes  for  the  wrongful  importation  of  distilled 
spirits.  The  President  of  the  United  States  shall  make 
such  regulations  as  are  necessary  to  carry  out  the  pro- 
visions of  this  section. 

Mar.  3, 1899.         That  no  persou,  corporation,  or  company  shall  sell,  offer 
Sec. 462.  fQY  gjj^i^^  Qj.  ]jeep  for  sale,  traffic  in,  barter,  or  exchange  for 

goods  in  said  District  of  Alaska  any  intoxicating  liquors, 
except  as  hereinafter  provided ;  but  this  shall  not  apply  to 
sales  made  by  a  person  under  provisions  of  law  requiring 
him  to  sell  personal  property.  Wherever  the  term  "intox- 
icating liquors"  is  used  in  this  Act,  it  shall  be  deemed  to 
include  whisky,  brandy,  rum,  gin,  wine,  ale,  porter,  beer, 
hoochinoo,  and  all  spirituous,  vinous,  malt,  and  other  fer- 
mented or  distilled  liquors. 

Sec. 464  That  before  any  license  is  granted,  as  provided  in  this 

Act  in  relation  to  intoxicating  liquor,  it  shall  be  shown  to 
the  satisfaction  of  said  court  that  a  majority  of  the  white 
male  and  female  residents  over  the  age  of  eighteen  years 
other  than  Indians  within  two  miles  of  the  place  where 
intoxicating  liquor  is  to  be  manufactured,  bartered,  sold 
and  exchanged,  or  bartered,  sold  and  exchanged,  have,  in 
good  faith,  consented  to  the  manufacture,  barter,  sale  and 
exchange,  or  the  barter,  sale,  and  exchange  of  the  same, 
and  the  burden  shall  be  upon  the  applicant  or  applicants 
to  show  to  the  satisfaction  of  said  court  that  a  majority  of 
the  white  male  citizens  have  consented  thereto,  and  no 
license  shall  be  granted  in  the  absence  of  such  evidence: 
Frovided.,  That  when  it  is  made  to  appear  that  a  majority 
of  said  white  male  and  female  residents  over  the  age  of 
eighteen  years  other  than  Indians  of  any  one  place  have 
consented  to  the  manufacture,  barter,  sale  and  exchange, 
or  the  barter,  sale  and  exchange  of  intoxicating  liquor,  no 
further  jiroof  of  the  consent  of  the  citizens  of  the  place 
where  said  intoxicating  liquor  is  to  be  manufactured,  bar- 
tered, sold  and  exchanged,  or  bartered,  sold  and  exchanged 
will  be  required  for  twelve  months  thereafter, 

Sec.46«.  That  under  the  license  issued  in  accordance  with  this  Act 

no  intoxicating  liquors  shall  be  sold,  given,  or  in  any  way 
disposed  of  to  any  minor,  Indian  or  intoxicated  person,  or 
to  an  habitual  drunkard. 

288.  Special  licenses. 

Mar.  3, 1899.         That  any  person  or  persons,  corporation  or  company 

Sec.  460.  prosecuting  or  attempting  to  prosecute  any  of  the  following 

lines  of  business  within  the  District  of  Alaska  shall  first 


PART    XXm. TRADE    WITH    ALASKA.  233 

apply  for  niul  obtain  license  so  to  do  from  a  district  court 
or  a  subdivision  thereof  in  said  District,  and  pay  for  said 
license  for  the  respective  lines  of  business  and  trade  as 
follows,  to  wit: 

Fisheries :  Salmon  canneries,  four  cents  i)er  case ;  salmon 
salteries,  ten  cents  per  barrel;  fish-oil  works,  ten  cents  i)er 
barrel;  fertilizer  works,  twenty  cents  per  ton. 

Freight  and  i)assenger  transportation  lines,  propelled  by 
mechanical  power  on  inland  waters,  one  dollar  per  ton  per 
annum  on  net  tonnage,  custom-house  measurement,  of  each 
vessel. 

Public  docks,  wharves,  and  warehouses,  one  hundred 
dollars  per  annum. 

Ships  and  shipping:  Ocean  and  coastwise  vessels  doing 
local  business  for  hire  plying  in  Alaskan  waters,  one  dollar 
per  ton  per  annum,  on  net  tonnage,  custom-house  measure- 
ment of  each  vessel. 

Steam  Ferries,  one  hundred  dollars  per  year. 

Government  wharf  in  Alaska:  For  reconstructing  or  Jiuieii.isQe. 
repairing  and  putting  in  safe  and  proper  condition  the 
wharf  at  Sitka,  Alaska,  five  thousand  dollars  to  be  imme- 
diately available :  Provided,  That  hereafter  the  Secretary 
of  the  Treasury  be  authorized  to  charge  and  fix  the  rates 
of  dockage  and  wharfage  to  be  paid  by  any  private  vessel 
or  person  allowed  to  use  said  wharf,  the  said  receipts  to  be 
deposited  with  the  Treasurer  of  the  CJnited  States  as  a  mis- 
cellaneous receipt  derived  from  Government  property ;  and 
the  Secretary  of  the  Treasury  shall  direct,  by  regulation 
or  otherwise,  by  whom  said  wharfage  and  dockage  receipts 
shall  be  collected. 

289.  Transfer  of  cargo. 
[See  paragraph  256.] 

290.  Yukon  and  Stikine  river  trade. 

Whenever  merchandise  is  imported  into  the  United  States  Feb.  17,  isos. 
by  sea  for  immediate  exportation  to  a  foreign  port  by  sea,  ^^cs. 
or  by  a  river,  the  right  to  ascend  or  descend  which  for  the 
purposes  of  commerce  is  secured  by  treaty  to  the  citizens 
of  the  United  States  and  the  subjects  of  a  foreign  power, 
the  Secretary  of  the  Treasury  is  hereby  authorized  to  pre- 
scribe regulations  for  the  transshipment  and  transportation 
of  such  merchandise. 

291.  Procedure. 

Until  otherwise  provided  by  law,  all  violations  of  this  RS.,1957 
chapter  \\l.  S.,  1954—1976],  and  of  the  several  laws  hereby 
extended  to  the  Teriitory  of  Alaska  and  the  waters  thereof, 
committed  within  the  limits  of  the  same,  shall  be  prose- 
cuted in  any  district  court  of  the  United  States  in  California 
or  Oregon,  or  in  the  district  courts  of  Washington;  and 
the  collector  and  deputy  collectors  appointed  for  Alaska 
Territory,  and  any  person  autliorized  in  writing  by  either 
of  them,  or  by  the  Secretary  of  the  Treasury,  shall  have 


234  PART    XXIll. TRADE    WITH    ALASKA. 

power  to  arrest  persons  and  seize  vessels  and  merchandise 
liable  to  fines,  penalties,  or  forfeitures  under  this  and  the 
other  laws  extended  over  the  Territory,  and  to  keep  and 
deliver  the  same  to  the  marshal  of  some  one  of  such  courts; 
and  such  courts  shall  have  original  jurisdiction,  and  may 
take  cognizance  of  all  cases  arising  under  this  act  and. the 
several  laws  hereby  extended  over  the  Territory,  and  shall 
proceed  therein  in  the  same  manner  and  with  the  like  effect 
as  if  such  cases  had  arisen  within  the  district  or  Territory 
where  the  proceedings  are  brought. 

R.s.,1958.  In  all  cases  of  fine,  penalty,  or  forfeiture,  embraced  in 

Mar.  3,1899.     the  act  approvcd  March  three,  seventeen  hundred  and 
Sec.  175.  ninety-seven,  chapter  thirteen  [R.  S.,  5292J,  or  mentioned 

in  any  act  in  addition  to  or  amendatory  of  such  act,  that 
have  occurred  or  may  occur  in  the  collection  district  of 
Alaska,  the  Secretary  of  the  Treasury  is  authorized,  if  in 
his  opinion  the  fine,  penalty,  or  forfeiture  was  incurred 
without  wilful  negligence  or  intention  of  fraud,  to  ascertain 
the  facts  in  such  manner  and  under  such  regulations  as  he 
may  deem  proper  without  regard  to  the  provisions  of  the 
act  above  referred  to,  and  upon  the  facts  so  to  be  ascer- 
tained, he  may  exercise  all  the  power  of  remission  conferred 
upon  him  by  that  act,  as  fully  as  he  might  have  done  had 
such  facts  been  ascertained  under  and  according  to  the 
provisions  of  that  act. 

292.  St.  Paul  and  St.  George  islands. 

K.  s.,  1959.  The  islands  of  Saint  Paul  and  Saint  George,  in  Alaska, 

Mar.  3, 1899.     2iX%  dcclarcd  a   special  reservation  for  Government  pur- 
sec.176.  poses;  and  until  otherwise  provided  by  law  it  shall  be  un- 

lawful for  any  person  to  land  or  remain  on  either  of  those 
islands,  except  by  the  authority  of  the  Secretary  of  the 
Treasury;  and  any  person  found  on  either  of  those  islands 
contrary  to  the  provisions  hereof  shall  be  summarily  re- 
moved ;  and  it  shall  be  the  duty  of  the  Secretary  of  War 
to  carry  this  section  into  effect. 

293.  Transit  in  bond. 

May  14, 1898.        That  uudcr  rules  and  regulations  to  be  prescribed  by  the 
Sec.  14.  Secretary  of  the  Treasury,  the  i)rivilege  of  entering  goods, 

wares,  and  merchandise  in  bond  or  of  placing  them  in 
bonded  warehouses  at  any  of  the  ports  in  the  District  of 
Alaska,  and  of  withdrawing  the  same  for  exportation  to 
any  place  in  British  Columbia  or  the  Northwest  Territory 
without  liayment  of  duty,  is  hereby  granted  to  the  Govern 
ment  of  the  Dominion  of  Canada  and  its  citizens  or  citizens 
of  the  United  States  and  to  persons  who  have  declared 
their  intention  to  become  such  whenever  and  so  long  as  it 
shall  appear  to  the  satisfaction  of  the  President  of  the 
United  States,  who  shall  ascertain  and  declare  the  fact  by 
proclamation,  that  corresponding  privileges  have  been  and 
are  being  granted  by  the  Government  of  the  Dominion  of 
Canada  in  respect  of  goods,  wares  and  merchandise  jjassing 
through  the  territory  of  the  Dominion  of  Canada  to  any 


PART    XXIII. TRADE    WITH    ALASKA.  235 

point  in  the  District  of  Alaska  from  auy  point  in  said  Dis- 
trict. 

294.  Crimes  and  penalties. 

If  any  person  shall  willfully  cast  away,  burn,  sink,  or  Mar.a.isoa. 
otherwise  destroy  any  ship,  steamboat,  or  other  vessel,  sec.56. 
with  intent  to  injure  or  delraud  any  owner  of  such  ship, 
steamboat,  or  other  vessel,  or  with  intent  to  injure  or 
defraud  the  owner  of  any  property  laden  on  board  the 
same,  such  person,  upon  conviction  thereof,  shall  be  pun- 
ished by  Imprisonment  in  the  penitentiary  not  less  than 
three  or  more  than  ten  years. 

If  any  person  shall  lade,  equip,  or  fit  out,  or  assist  in  sec.57. 
lading,  equipping,  or  fitting  out,  any  ship,  steamboat,  or 
other  vessel,  with  the  intent  that  the  same  shall  be  willfully 
cast  away,  burnt,  sunk,  or  otherwise  destroyed,  to  injure  or 
defraud  any  owner  or  insurer  of  said  ship,  steamboat,  or 
other  vessel,  or  of  any  property  laden  on  board  the  same, 
such  person,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  penitentiary  not  less  than  one  nor 
more  than  live  years. 

If  the  owner  of  any  ship,  steamboat,  or  other  vessel,  or  sec.sa 
of  any  property  laden  or  pretended  to  be  laden  on  board 
the  same,  or  if  any  other  person  concerned  or  assisting  in 
the  fitting  out  or  lading  of  any  such  ship,  steamboat,  or 
other  vessel,  shall  make  out  or  exhibit  or  cause  to  be  made 
out  or  exhibited  any  false  or  fraudulent  invoice,  bill  of 
lading,  bill  of  parcels,  or  other  false  estimate  of  any 
property  laden  or  pretended  to  be  laden  on  board  of  such 
ship,  steamboat,  or  other  vessel,  with  intent  to  injure  or 
defraud  any  insurer  ot  such  ship,  steamboat,  or  other  vessel 
or  property,  or  auy  part  thereof,  such  person,  upon  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  six  months  nor  more  than  three 
years. 

The  collector  and  deputy  collectors  appointed  for  Alaska  sec.174. 
Territory,  and  auy  person  authorized  in  writing  by  eitlier 
of  them,  or  by  the  Secretary  of  the  Treasury,  shall  have 
power  to  arrest  persons  and  seize  vessels  and  merchandise 
liable  to  fines,  penalties,  or  forfeitures  under  this  and  the 
other  laws  extended  over  the  Territory,  and  to  keep  and 
deliver  the  same  to  the  marshal. 


Part  XXIV.— SEAL  FISHERIES. 


295.  Act  of  December  29,  1897.  j  297.  Act  of  April  6,  1894. 

296.  Act  of  February  21,  1893.  |  298.  Provisions  of  Revised  Statutes. 

295.  Act  of  December  29,  1897. 

Dec.  29, 1897.  ^q  citizeii  of  the  United  States,  nor  person  owiug  duty 
of  obedience  to  the  laws  or  the  treaties  of  the  United 
States,  nor  any  person  belonging  to  or  on  board  of  a  ves- 
sel of  the  United  States,  shall  kill,  capture,  or  hunt,  at  any 
time  or  in  any  manner  whatever,  any  fur  seal  in  the  waters 
of  the  Pacific  Ocean  north  of  the  thirty-fifth  degree  of 
north  latitude  and  including  Bering  Sea  and  the  sea  of 
Okhotsk. 

Sec.  2.  ^o  citizen  of  the  United  States,  nor  person  above  de- 

scribed in  section  one,  shall  equip,  use,  or  employ,  or  furnish 
aid  in  equipping,  using,  or  eniiiloying,  or  furnish  supplies 
to  any  vessel  used  or  employed,  or  to  be  used  or  emjDloyed 
in  carrying  on  or  taking  part  in  said  killing,  capturing,  or 
hunting  of  fur  seals  in  said  waters,  nor  shall  any  vessel  of 
the  United  States  be  so  used  or  employed. 

Sec.  3.  Every  person  guilty  of  a  violation  of  the  provisions  of 

this  Act,  or  of  any  regulations  made  thereunder,  shall,  for 
each  offense,  be  fined  not  less  than  two  hundred  dollars  or 
more  than  two  thousand  dollars,  or  imprisoned  not  more 
than  six  months,  or  both;  and  every  vessel,  its  tackle, 
apparel,  furniture,  and  cargo,  at  any  time  used  or  emjiloyed 
in  violation  of  this  Act,  or  of  the  regulations  made  there- 
under, shall  be  forfeited  to  the  United  States. 

Sec.  If  any  vessel  of  the  United  States  shall  be  found  within 

the  waters  to  which  this  Act  applies,  having  on  board  fur- 
seal  skins  or  bodies  of  seals,  or  apparatus  or  implements 
suitable  for  killing  or  taking  seals,  it  shall  be  presumed 
that  such  vessel  was  used  or  employed  in  the  killing  of 
said  seals,  or  that  said  apparatus  or  implements  were  used 
in  violation  of  this  Act  until  the  contrary  is  proved  to  the 
satisfaction  of  the  court. 

Sec.  5.  Any  violation  of  this  Act  or  of  the  regulations  thereunder 

may  be  prosecuted  either  in  the  district  court  of  Alaska 
or  in  any  district  court  of  the  United  States  in  California, 
Oregon,  or  Washington. 

Sec.  6.  This  Act  shall  not  interfere  with  the  privileges  accorded 

to  Indians  dwelling  on  the  coast  of  the  United  States  under 

236 


PART    XXIV. SEAL    FISHERIES.  237 

section  six  of  the  Act  of  April  sixth,  eighteen  hundred  and 
ninety  four,  but  the  limitations  prescribed  in  said  Act  shall 
remain  in  full  force. 

This  Act  shall  not  affect  in  any  way  the  killing  or  taking    se<.7. 
of  fur  seals  upon  the  Pribilof  Islands,  or  the  laws  of  tlie 
United  States  relating  thereto. 

Any  officer  of  the  Naval  or  Revenue-Cutter  Service  of  soc.8. 
the  Ihiited  States,  and  any  other  officers  duly  designated 
by  the  President,  may  search  any  vessel  of  the  United 
States  in  port  or  on  the  high  seas  suspected  of  having 
violated  or  of  having  an  intention  to  violate  the  jjrovisions 
of  this  Act,  and  miiy  seize  such  vessel  and  the  oilending 
officers  and  crew  and  bring  them  into  the  most  accessible 
port  of  the  States  aud  Territory  mentioned  in  section  live 
of  this  Act  for  trial. 

The  importation  into  the  United  States  by  any  person  spc.9. 
whatsoever  of  fur  seal  skins  taken  in  the  waters  mentioned 
in  this  Act,  whether  raw,  dressed,  dyed,  or  manufactured, 
is  hereby  prohibited,  and  all  such  articles  imported  after  this 
Act  shall  take  effect  shall  not  be  i)ermitted  to  be  exported, 
but  shall  be  seized  and  destroyed  by  the  proper  officers  of 
the  United  States. 

The  President  shall  have  power  to  make  all  necessary    secio. 
regulations  to  carry  this  Act  into  effect. 

296.  Act  of  February  21,  1893. 

Whenever  the  Government  of  the  United  States  shall  Fob. 2i,i803. 
conclude  an  effective  international  arrangement  for  the 
protection  of  fur  seals  in  the  North  Pacific  Ocean,  by  agree- 
ment with  any  power,  or  as  a  result  of  the  decision  of  the 
tribunal  of  arbitration  under  the  convention  concluded 
between  the  United  States  and  Great  Britain  February 
twenty-ninth,  eighteen  hundred  and  ninety-two,  and  so  long 
as  such  arrangement  shall  continue,  the  provisions  of  sec- 
tion nineteen  hundred  aud  fifty-six  of  the  Revised  Statutes, 
and  all  other  provisions  of  the  statutes  of  the  United 
States,  so  far  as  the  same  may  be  applicable,  relative  to  the 
protection  of  fur  seals  and  other  fur-bearing  animals  within 
the  limits  of  Alaska  or  in  the  waters  thereof,  shall  be 
extended  to  and  over  all  that  portion  of  the  Pacific  Ocean 
included  in  such  international  arrangement. 

Whenever  an  effective  international  arrangement  is  con- 
cluded as  aforesaid,  it  shall  be  the  duty  of  the  President  to 
declare  that  fact  by  proclamation,  and  to  designate  the 
portion  of  the  Pacific  Ocean  to  which  it  is  applicable,  and 
that  this  act  has  become  operative;  and  likewise  when  such 
arrangement  ceases,  to  declare  that  fact  and  that  this  act 
has  become  inoperative,  and  his  proclamation  with  respect 
thereto  shall  be  conclusive. 

During  the  extension  as  aforesaid  of  said  laws  for  the 
protection  of  fur  seals  and  other  fur-bearing  animals  all 
violations  thereof  in  said  designated  portion  of  the  Pacific 
Ocean  shall  be  held  to  bethe  sameas  if  committed  within  the 
limits  of  Alaska  or  in  the  waters  thereof,  but  they  may  be 


238  ,         PART    XXIV. SEAL    t'ISHERIES. 

prosecuted  either  in  the  district  court  of  Alaska  or  in  any 
district  court  of  the  United  States  in  California,  Oregon, 
or  Washington. 

297.  Act  of  Aprils,  1894. 

Apr.  6  1894.  Whcrcas  the  following  articles  of  the  award  of  the  Tri- 
bunal of  Arbitration  constituted  under  the  treaty  concluded 
at  Washington  the  twenty-ninth  of  February,  eighteen  hun- 
dred and  ninety-two,  between  the  United  States  of  America 
and  Ber  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland  were  delivered  to  the  agents  of 
the  respective  governments  on  the  fifteenth  day  of  August, 
eighteen  hundred  and  ninety- three: 

Article  1. 

The  governments  of  the  United  States  and  Great  Britain 
shall  forbid  their  citizens  and  subjects  respectively  to  kill, 
capture,  or  pursue  at  any  time,  and  in  any  manner  what- 
ever, the  animals  commonly  called  fur  seals,  within  a  zone 
of  sixty  miles  around  the  Pribilov  Islands,  inclusive  of  the 
territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are 
geographical  miles,  of  sixty  to  a  degree  of  latitude. 

Article  2. 

The  two  governments  shall  forbid  their  citizens  and  sub- 
jects respectively  to  kill,  capture  or  pursue,  in  any  manner 
whatever,  during  the  season  extending,  each  year,  from  the 
first  of  May  to  the  thirty-first  of  July,  both  inclusive,  the  fur 
seals  on  the  high  sea,  in  the  part  of  the  Pacific  Ocean,  inclu- 
sive of  the  Bering  Sea,  which  is  situated  to  the  north  of  the 
thirty-fifth  degree  of  north  latitude,  and  eastward  of  the  one 
hundred  and  eightieth  degree  of  longitude  from  Greenwich 
till  it  strikes  the  water  boundary  described  in  article  one  of 
the  treaty  of  eighteen  hundred  and  sixty-seven  between  the 
United  States  and  Russia,  and  following  that  line  up  to 
Berings  Straits. 

Article  3. 

During  the  period  of  time  and  in  the  waters  in  which  the 
fur-seal  fishing  is  allowed,  only  sailing  vessels  shall  be  per- 
mitted to  carry  on  or  take  part  in  fur-seal  fishing  operations. 
They  will  however  be  at  liberty  to  avail  themselves  of  the 
use  of  such  canoes  or  undecked  boats,  propelled  by  paddles, 
oars,  or  sails,  as  are  in  common  use  as  fishing  boats. 

Article  4. 

Each  sailing  vessel  authorized  to  fish  for  fur  seals  must 
be  provided  with  a  special  license  issued  for  that  purpose 
by  its  Government,  and  shall  be  required  to  carry  a  dis- 
tinguishing flag  to  be  prescribed  by  its  Government. 


part  xxiv. seal  fisheries.  239 

Article  5, 

The  masters  of  the  vessels  engaged  in  fur-seal  fishing 
shall  enter  accurately  in  their  official  log  book  the  date  an«l 
l)lace  of  each  fur-seal  fishing  operation,  and  also  the  number 
and  sex  of  tlie  seals  captured  upon  each  day.  These  entries 
shall  be  communicated  by  each  of  the  two  governments  to 
the  other  at  the  end  of  each  fishing  season. 

Article  6. 

The  use  of  nets,  firearms  and  exi)losives  shall  be  for- 
bidden in  the  fur-seal  fishing.  This  restriction  shall  not 
apply  to  shotguns  when  such  fishing  takes  place  outside 
of  Behring  sea,  during  the  season  when  it  maybe  lawfully 
carried  on. 

Article  7. 

The  two  governments  shall  take  measures  to  control  the 
fitness  of  the  men  authorized  to  engage  in  fur-seal  fishing; 
these  men  shall  have  been  proved  fit  to  handle  with  sulh- 
cient  skill  the  weapons  by  means  of  which  this  fishing  may 
be  carried  on. 

Article  8. 

The  regulations  contained  in  the  preceding  articles  shall 
not  apply  to  Indians  dwelling  on  the  coast  of  the  territory 
of  the  United  States  or  of  Great  Britain,  and  carrying  on 
fur-seal  fishing  in  canoes  or  undecked  boats  not  trans- 
ported by  or  used  in  connection  with  other  vessels  and  pro- 
pelled wholly  by  paddles,  oars  or  sails  and  manned  by  not 
more  than  five  persons  each  in  the  way  hitherto  practiced 
by  the  Indians,  provided  such  Indians  are  not  in  the 
employment  of  other  persons  and  provided  that,  when  so 
hunting  in  canoes  or  undecked  boats,  they  shall  not  hunt 
fur  seals  outside  of  territorial  waters  under  contract  i'or 
the  delivery  of  the  skins  to  any  person. 

This  exemption  shall  not  be  construed  to  affe<;t  tin' 
municipal  law  of  either  country,  nor  shall  it  extend  to  the 
waters  of  Behring  Sea  or  the  waters  of  the  Aleutian 
Passes. 

Nothing  herein  contained  is  intended  to  interfere  with 
the  employment  of  Indians  as  hunters  or  otherwise  in  con- 
nection with  fur  sealing  vessels  as  heretofore. 

Article  9. 

The  concurrent  regulations  hereby  determined  with  a 
view  to  the  protection  and  preservation  of  the  fur  seals, 
shall  remain  in  force  until  they  have  been,  in  whole  or  in 
part,  abolished  or  modified  by  common  agreement  between 
the  governments  of  the  United  States  and  of  Great  Britain. 

The  said  concurrent  regulations  shall  be  submitted  every 
five  years  to  a  new  examination,  so  as  to  enable  both  inter 
ested  governments   to  consider  whether,  in  the  light  of 


240  PART    XXIV. 8EAL    FISHERIES. 

past  experience,   there  is  occasion    for  any  modification 
thereof. 

Now  therefore,  he  it  enacted  hy  the  Senate  and  Rouse  of 
Representatives  of  the  United  States  of  America  in  Congress 
assembled,  That  no  citizen  of  the  United  States,  or  person 
owins"  the  duty  of  obedience  to  the  laws  or  the  treaties  of 
the  United  States,  nor  any  person  belonging  to  or  on  board 
of  a  vessel  of  the  United  States,  shall  kill,  capture,  or 
pursue,  at  any  time,  or  in  any  manner  whatever,  outside  of 
territorial  waters,  any  fur  seal  in  the  waters  surrounding 
the  Pribilov  Islands  within  a  zone  of  sixty  geographical 
miles  (sixty  to  a  degree  of  latitude)  around  said  islands, 
inclusive  of  the  territorial  waters. 
Sec.  2.  No  citizen  of  the  United  States,  or  person  above  de- 

scribed in  section  one  of  this  act,  nor  any  person  belong- 
ing to  or  on  board  of  a  vessel  of  the  United  States,  shall 
kill,  capture,  or  pursue,  in  any  manner  whatever,  during 
the  season  extending  from  the  first  day  of  May  to  the 
thirty-first  day  of  July,  both  inclusive,  in  each  year,  any 
fur  seal  on  the  high  seas  outside  of  the  zone  mentioned  in 
section  one,  and  in  that  part  of  the  Pacific  Ocean,  including 
Behring  Sea,  which  is  situated  to  the  north  of  the  thirty- 
fifth  degree  of  north  latitude  and  to  the  east  of  the  one 
hundred  and  eightieth  degree  of  longitude  from  Greenwich 
till  it  strikes  the  water  boundary  described  in  article  one  of 
the  treaty  of  eighteen  hundred  and  sixty-seven,  between 
the  United  States  and  Eussia,  and  following  that  line  up 
to  Behring  Straits. 

Sec.  3.  No  citizen  of  the  United  States  or  person  above  described, 

in  the  first  section  of  this  Act,  shall,  during  the  period  and 
in  the  waters  in  which  by  section  two  of  this  Act  the  kill- 
ing of  fur  seals  is  not  prohibited,  use  or  employ  any  ves- 
sel, nor  shall  any  vessel  of  the  United  States  be  used  or 
employed,  in  carrying  on  or  taking  part  in  fur-seal  fishing 
operations,  other  than  a  sailing  vessel  propelled  by  sails 
exclusively,  and  such  canoes  or  undecked  boats,  propelled 
by  paddles,  oars,  or  sails  as  may  belong  to,  and  be  used  in 
connection  with,  such  sailing  vessels ;  nor  shall  any  sailing 
vessel  carry  on  or  take  part  in  such  operations  without  a 
special  license  obtained  from  the  Government  for  that  pur- 
pose, and  without  carrying  a  distinctive  flag  prescribed  by 
the  Government  for  the  same  purpose. 

Sec.  4.  Every  master  of  a  vessel  licensed  under  this  act  to  en- 

gage in  fur-seal  fishing  operations  shall  accurately  enter 
in  his  official  log  book  the  date  and  place  of  every  such 
operation,  and  also  the  number  and  sex  of  the  seals  cap- 
tured each  day;  and  on  coming  into  port,  and  before  land- 
ing cargo,  the  master  shall  verify,  on  oath,  such  official  log 
book  as  containing  a  full  and  true  statement  of  the  number 
and  character  of  his  fur-seal  fishing  operations,  including 
the  number  and  sex  of  seals  captured;  and  for  any  false 
statement  willfully  made  by  a  person  so  licensed  by  the 
United  States  in  this  belialf  lie  sluill  be  subject  to  the  pen- 
alties of  perjury ;  aud  any  seal  skins  found  in  excess  of  the 
statement  in  the  official  log  book  shall  be  forfeited  to  the 
United  States. 


PART    XX1^•. SEAL    FISHERIES.  241 

1^0  person  or  vessel  eugaging;  in  fur-seal  lisliing  oj)era-  Scc.s. 
tions  untler  this  Act  shall  use  or  employ  in  any  sucb 
0})erations,  any  net,  iirearni,  air<;iin,  or  explosive:  Prorided 
Jtoiccrer,  That  this  prohibition  shall  not  apply  to  the  use  of 
shotguns  in  such  operations  outside  of  Jiehrinj;'  Sea  during 
the  season  wheu  the  killing  of  fur  seals  is  not  there  i)ro- 
hibited  by  this  Act. 

The  foregoing  sections  of  this  act  shall  not  apply  to  si^.c. 
Indians  dwelling  on  the  coast  of  the  ITnited  States,  and 
taking  fur  seals  in  canoes  or  und  eked  boats  propelled 
wholly  by  i^addles,  oars,  or  sails,  and  not  transported  by  or 
used  in  connection  with  other  vessels,  or  manned  by  more 
than  five  persons,  in  tlie  manner  heretofore  i)racticed  by  the 
said  Indians:  Froridcd,  howercr,  That  the  exception  made 
in  this  section  shall  not  apply  to  Indians  in  the  employ- 
ment of  other  persons,  or  who  shall  kill,  capture,  or  pur- 
sue fur  seals  outside  of  territorial  waters  under  contract  to 
deliver  the  skins  to  otber  persons,  nor  to  the  waters  of 
Behring  Sea  or  of  the  passes  between  the  Aleutian  Islands. 

The  President  shall  have  power  to  make  regulations  see.  7. 
respecting  the  special  license  and  the  distinctive  flag  men- 
tioned in  this  Act  and  regulations  otherwise  suitable  to 
secure  the  due  execution  of  the  provisions  of  this  act,  and 
from  time  to  time  to  add  to,  modify,  amend,  or  revoke  such 
regulations,  as  in  his  judgment  may  seem  expedient. 

pjxcept  in  the  case  of  a  master  making  a  false  statement  ■^"■•■-  s- 
under  oath  in  violation  of  the  provisions  of  the  fourth 
section  of  this  Act,  every  jierson  guilty  of  a  violation  of  the 
provisions  of  this  Act,  or  of  the  regulations  made  there- 
under, shall  for  each  offense  be  tiued  not  less  than  two 
hundred  dollars,  or  imprisoned  not  more  than  six  months, 
or  both;  and  all  vessels,  their  tackle,  apparel,  furniture, 
and  cargo,  at  any  time  used  or  employed  in  violation  of 
this  Act,  or  of  the  regulations  made  thereunder,  shall  be 
forfeited  to  the  United  States. 

Any  violation  of  this  Act,  or  of  the  regulations  made    •'^•c.  9. 
thereunder,  niay  be  prosecuted  either  in  the  district  court 
of  Alaska  or  in  any  <listrict  court  of  the  United  States  in 
California,  Oregon,  or  Washington. 

If  any  unlicensed  vessel  of  the  United  States  shall  be  '^^euio. 
found  within  the  waters  to  which  this  Act  applies,  and 
at  a  time  w4ien  the  killing  of  fur  seals  is  by  this  Act  there 
prohibited,  having  on  board  seal  skins  or  bodies  of  seals, 
or  apparatus,  or  implements  suitable  for  killing  or  taking 
seals;  or  if  any  licensed  vessel  shall  be  fouiul  in  the  waters 
to  which  this  Act  applies,  having  on  board  apparatus  or 
im])len)ents  suitable  for  taking  seals,  but  forbidden  then 
and  there  to  be  used,  it  shall  be  presumed  that  the  vessel 
in  the  one  case  and  the  apparatus  or  implements  in  the 
other  was  or  wore  used  in  violation  of  this  Act  uutil  it  is 
otherwise  sufficiently  ])roved. 

It  shall  be  the  duty  of  the  President  to  cause  a  suffi-    see.  ii. 
cient  naval  force  to  cruise  in  the  waters  to  which  this  Act 
NAV  !>n,  VT  2 10 


242  PART    XXIV. SEAL    FISHERIES. 

is  applicable  to  enforce  its  provisions,  and  it  shall  be  the 
duty  of  the  comniandinj^'  officer  of  any  vessel  belonging  to 
the  naval  or  revenue  service  of  the  United  States,  when  so 
instructed  by  the  President,  to  seize  and  arrest  all  vessels 
of  the  United  States  found  by  hnn  to  be  engaged,  used,  or 
employed  in  tlie  waters  last  aforesaid  in  violation  of  any 
of  the  prohibitions  of  this  Act,  or  of  any  regulations  made 
thereunder,  and  to  take  the  same,  with  all  persons  on  board 
thereof,  to  the  most  convenient  port  in  any  district  of  the 
United  States  mentioned  in  this  Act,  there  to  be  dealt  with 
according  to  law. 

Sec.  12.  ^ny  vessel  or  citizen  of  the  United  States,  or  i)erson 

described  in  the  first  section  of  this  Act,  offending  against 
the  prohibitions  of  this  Act  or  the  regulations  thereunder, 
may  be  seized  and  detained  by  the  naval  or  other  duly 
commissioned  officers  of  Her  Majesty  the  Queen  of  Great 
Britain,  but  when  so  seized  and  detained  they  shall  be 
delivered  as  soon  as  practicable,  with  any  witnesses  and 
proofs  on  board,  to  any  naval  or  revenue  officer  or  other 
authorities  of  the  United  States,  whose  courts  alone  shall 
have  jurisdiction  to  try  the  offense  and  impose  the  pen- 
alties for  the  same :  Provided,  lioicerer,  That  British  officers 
shall  arrest  and  detain  vessels  and  persons  as  in  this  sec- 
tion specified  only  after,  by  appropriate  legislation,  Great 
Britain  shall  have  authorized  officers  of  the  United  States 
duly  commissioned  and  instructed  by  the  President  to  tliat 
end  to  arrest,  detain,  and  deliver  to  the  authorities  of  Great 
Britain  vessels  and  subjects  of  that  Government  oifending 
against  any  statutes  or  regulations  of  Great  Britain  enacted 
or  made  to  enforce  the  award  of  the  treaty  mentioned  in 
the  title  of  this  Act. 

298.  Provisions  of  Revised  Statutes. 

E.S.,  lor-c.  No  person  shall  kill  any  otter,  mink,  marten,  sable,  or 

Mar.3, 1899.     fur-geal,  or  other  fur-bearing  animal  within  the  limits  of 
Sec.  1,3.  Alaska  Territory,  or  in  the  waters  thereof;  and  every  per- 

son guilty  thereof  shall,  for  each  offense,  be  fined  not  less 
than  two  hundred  nor  more  than  one  thousand  dollars,  or 
imi:)risoued  not  more  than  six  months,  or  both;  and  all 
vessels,  their  tackle,  apparel,  furniture  and  cargo,  found 
engaged  in  violation  of  this  section  shall  be  forfeited;  but 
the  Secretary  of  the  Treasury  shall  have  power  to  authorize 
the  killing  of  any  such  mink,  marten,  sable,  or  other  fur- 
bearing  animal,  exce])t  fur-seals,  under  such  regulation  as 
he  may  prescribe ;  and  it  shall  be  the  duty  of  the  Secretary 
to  prevent  the  killing  of  any  fur-seal,  and  to  provide  for 
the  execution  of  the  provisions  of  this  section  until  it  is 
otherwise  provided  by  law;  nor  shall  he  grant  special  priv- 
ileges under  this  section. 
Mar. 2, 1889.  ^ectiou  nineteen  hundred  and  fifty-six  of  the  Kevised 
Sec.  3.  Statutes  of  tlie  United  States  is  hereby  declared  to  include 

and  apply  to  all  the  dominion  of  the  United  States  in  the 
ii.s.,1956.       waters  of  Behring  Sea;  and  it  shall  be  the  duty  of  the 
President,  at  a  timely  season    in  each  year,  to  issue  his 
proclamation  and  cause  the  same  to  be  published  for  one 


PART    XXIV. SEAL    FISIIEHIKS.  243 

month  in  at  least  one  news]niper  if  any  such  there  bo  pub- 
lished at  each  United  States  i)ort  of  entry  on  the  I'acific 
coast,  warning  all  persons  against  entering  said  waters 
for  the  i)urpose  of  violating  the  i)rovisions  of  said  section ; 
and  he  sliall  also  cause  one  or  more  vessels  of  the  Ignited 
States  to  diligently  cruise  said  waters  and  arrest  all  per- 
sons, and  seize  all  vessels  found  to  be,  or  to  have  been, 
engaged  in  any  violation  of  the  laws  of  the  United  States 
therein. 

It  shall  be  unlawful  to  kill  any  fur-seal  upon  the  islands  k.s.,i9co. 
of  Saint  Paul  and  Snint  George,  or  in  the  waters  adjacent 
thereto,  except  during  the  months  of  .June,  July,  Septem-  Mar.3,1899. 
ber  and  October  in  each  year  and  the  number  to  be  taken  sec.177. 
on  or  about  each  island  respectively  to  be  designated  by 
him  [Secretary  of  the  Treasury];  and  it  shall  be  unlawful 
to  kill  such  seals  at  any  time  by  the  use  of  lire  arms,  or  by 
other  means  tending  to  drive  the  seals  away  from  those 
islands;  but  the  natives  of  the  islands  shall  have  the  priv- 
ilege of  killing  such  young  seals  as  may  be  necessary  for 
their  own  food  and  clothing  during  other  months,  and  also 
such  old  seals  as  may  be  required  for  their  own  clothing, 
and  for  the  mamifacture  of  boats  for  their  own  use;  and 
the  killing  in  such  cases  shall  be  limited  and  controlled  by 
such  regulations  as  may  be  prescribed  by  the  Secretary  of 
the  Treasury. 


It  shall  be  unlawful  to  kill  any  female  seal,  or  any  seal    k.  s.,  loci. 
less  than  one  year  old,  at  any  season  of  the  year,  except  as    Mar.3,1899. 
above  provided;  and  it  shall  also  be  unlawful  to  kill  any    ^®*''^'^^- 
seal  in  the  waters  adjacent  to  the  islands  of  Saint  Paul 
and  Saint  George,  or  on  the  beaches,  cliffs,  or  rocks  where 
they  haul  up  from  the  sea  to  remain;  and  every  i)er.;on  who 
violates  the  provisions  of  this  or  the  preceding  section 
shall  be  punished  for  each  offense  by  a  fine  of  not  less  than 
two  hundred  dollars  nor  more  than  one  thousand  dollars, 
or  by  imprisonment  not  more  than  six  months,  or  by  both 
such  fine  and  imprisonment;  and  all  vessels,  their  tackle, 
apparel,  and  furniture,  whose  crews  are  found  engaged  in 
the  violation  of  either  this  or  the  preceding  section,  shall 
be  forfeited  to  the  United  States. 

When  the  lease  heretofore  made  by  the  Secretary  of  the  k.  s.,  i963. 
Treasury  to  "  The  Alaska  Commercial  Coini^any,"  of  the 
right  to  engage  in  taking  fur-seals  on  the  islands  of  Saint 
Paul  and  Saint  George,  pursuant  to  the  act  of  July  one, 
one  thousand  eight  hundred  and  seventy,  chapter  one  hun- 
dred and  eighty  nine,  [R.  S.  l!.'57,  l'JGO-1971,  52t);3]  or  when 
any  future  similar  lease  expires,  or  is  surrendered,  forfeited, 
or  terminated,  the  Secretary  shall  lease  to  pro])er  and  re- 
sponsible parties,  lor  the  best  advantage  of  the  United 
States,  having  due  regard  to  the  interests  of  the  Govern- 
ment, the  native  inhabitants,  tlieir  comfort,  maintenance, 
and  education,  as  well  as  to  tlie  interests  of  the  parties 
heretofore  engaged  in  trade  and  the  protection  of  the  fish- 
eries, the  right  of  taking  fur-seals  on  the  islands  herein 
named,  and  of  seudmg  a  vessel  or  vessels  to  the  islands 


244  PART    XXIY SEAL    FISHERIES. 

for  the  skins  of  such  seals,  for  the  term  of  twenty  years,  at 
an  annual  rental  of  not  less  than  fifty  thousand  dollars,  to 
be  reserved  in  such  lease  and  secured  by  a  deposit  of  United 
States  bonds  to  that  amount;  and  every  such  lease  .shall  be 
duly  executed  in  duplicate,  and  shall  not  be  transferable. 

K.  s..  1964.  The  Secretary  of  the  Treasury  shall  take  from  the  lessees 

of  such  islands  in  all  cases  a  bond,  with  securities,  in  a  sum 
not  less  tlian  five  hundred  thousand  dollars,  conditioned 
for  the  faitliful  observance  of  all  the  laws  and  re(]uirements 
of  Congress,  and  the  regulations  of  the  Secretary  of  the 
Treasury,  touching  the  taking  of  fur-seals  and  the  dispos- 
ing of  the  same,  and  for  the  payment  of  all  taxes  and  dues 
accruing  to  the  United  States  connected  therewith. 

R.s.,1965.  No  persons  other  than  American  citizens  shall  be  per- 

mitted, by  lease  or  otherwise,  to  occupy  the  islands  of  Saint 
Paul  and  Saint  George,  or  either  of  them,  for  the  ])uri)ose 
of  taking  the  skins  of  fur-seals  therefrom,  nor  shall  any 
foreign  vessels  be  engaged  in  taking  such  skins;  and  the 
Secretary  of  the  Treasury  shall  vacate  and  declare  any 
lease  forfeited  if  the  same  be  held  or  operated  for  the  use, 
benefit,  or  advantage,  directly  or  indirectly,  of  any  persons 
other  than  American  citizens. 

K.s.,1966.  Every  lea^^e  shall  contain  a  covenant  on  the  part  of  the 

lessee  that  he  will  not  keep,  sell,  furnish,  give,  or  dispose 
of  any  distilled  spirits  or  spirituous  liquors  on  either  of 
those  islands  to  any  of  the  natives  thereof,  such  person 
not  being  a  physician  and  furnishing  the  same  for  use  as 
medicine;  and  every  revenue  officer,  officially  acting  as 
such,  on  either  of  the  islands,  shall  seize  and  destroy  any 
distilled  or  spirituous  liquors  found  thereon;  but  such 
officer  shall  make  detailed  reports  of  his  doings  in  that 
matter  to  the  collector  of  the  port. 

RS  1967  Every  person  m^io  kills  any  fur-seal  on  either  of  those 

islands,  or  in  the  waters  adjacent  thereto,  without  author- 
ity of  the  lessees  thereof,  and  every  person  who  molests, 
disturbs,  or  interferes  with  the  lessees,  or  either  of  them, 
or  their  agents  or  em])loyes,  in  the  lawful  prosecution  of 
their  business,  under  the  provisions  of  this  chapter,  shall 
for  each  ofi'ense  be  punished  as  ])rescribed  in  section  nine- 
teen hundred  and  sixty-one;  nnd  all  vessels,  their  tackle, 
apparel,  appurtenances,  and  cargo,  whose  crews  are  found 
engaged  in  any  violation  of  the  provisions  of  sections 
nineteen  hundred  and  sixty-five  to  nineteen  hundred  and 
sixty-eight,  inclusive,  shall  be  forfeited  to  the  United 
States. 

E.  s.,  mcs.  If  any  person  or  company,  under  any  lease  herein  author- 

ized, knowingly  kills,  or  permits  to  be  killed,  any  number 
of  seals  exceeding  the  number  for  each  island  in  this  chap- 
ter prescribed,  such  person  or  company  shall,  in  addition 
to  the  penalties  and  forfeitures  herein  provided,  forfeit  the 
whole  number  of  the  skins  of  seals  killed  in  that  year,  or, 
in  case  the  same  ha\  e  been  disposed  of,  then  such  person 
or  company  shall  forfeit  the  value  of  the  same. 


PART    XXIV. — SEAL    FISHERIES.  245 

III  addition  to  the  aimual  rental  required  to  be  reserved  k.s-.ioco. 
ill  every  lease,  as  provided  in  section  nineteen  liundrcd  and 
sixty-three,  a  revenue  tax  or  duty  of  two  dollars  is  laid  ui)on 
ea(3h  fnr-seal  skin  taken  and  shii)ped  t'lom  the  islands  of 
Saint  Paul  and  iSaint  (ieorgc,  dui  inj^  the  continnance  of  any 
lease,  to  be  paid  into  the  Treasury  of  the  United  States; 
and  the  Secretary  of  the  Treasury  is  empowered  to  make 
all  needful  regnlations  for  the  collection  and  payment  of 
the  same,  and  to  secure  the  comfort,  maintenance,  educa- 
tion, and  protection  of  the  natives  of  those  islands,  and 
also  to  carry  into  full  ellect  all  the  i)rovisi(>ns  of  this  chap- 
ter except  as  otherwise  prescribed. 

The  Secretary  of  the  Treasury  may  terminate  any  lease    k.s.,i97o. 
given  to  any  person,  company,  or  corporation  on  lull  and 
satisfactory  proof  of  tiie  violation  of  any  of  the  ])r<)visions 
of  this  chapter  or  the  regulations  established  by  him. 

The  lessees  shall  furnish  to  the  several  masters  of  vessels  i'-  S-,  i97i. 
employed  by  them  certified  copies  of  the  lease  held  by  them 
respecti\  el}^,  which  shall  be  })reseiited  to  the  gov^ernment 
revenue  officer  for  the  time  being  who  may  be  in  charge  at 
the  islands  as  the  authority  of  the  party  for  lauding  and 
taking  skins. 


Part  XXV.— QUARANTINE  AND  BILLS  OF  HEALTH. 


299.  Consular  bill  of  health. 

300.  Quarantine  regulations. 

301.  Quarantine  inspection. 

302.  Suspension  of  commerce. 


303.  Penalties. 

304.  State  health  laws. 

305.  Removal  of  cargo. 

306.  Removal  of  custom-house. 


299.  Consular  bill  of  health. 

Feb.  15, 1893.  It  sliall  be  unlawful  for  any  merchant  ship  or  other  ves- 
sel from  any  foreign  port  or  place  to  enter  any  port  of  the 
United  States  except  in  accordance  with  the  provisions  of 
this  act  and  with  such  rules  and  regulations  of  State  and 
municipal  health  authorities  as  may  be  made  in  pursuance 
of,  or  consistent  with,  this  act;  and  any  such  vessel  which 
shall  enter,  or  attempt  to  enter,  a  port  of  the  United  States 
in  violation  thereof  shall  forfeit  to  the  United  States  a  sum, 
to  be  awarded  in  the  discretion  of  the  court,  not  exceeding 
five  thousand  dollars,  which  shall  be  a  lien  upon  said  vessel, 
to  be  recovered  by  proceedings  in  the  proper  district  court 
of  the  United  States,  In  all  such  proceedings  the  United 
States  district  attorney  for  such  district  shall  appear  on 
behalf  of  the  United  States;  and  all  such  proceedings  shall 
be  conducted  in  accordance  with  the  rules  and  laws  gov- 
erning cases  of  seizure  of  vessels  for  violation  of  the  revenue 
laws  of  the  United  States. 

Sec.  2.  Any  vessel  at  any  foreign  port  clearing  for  any  port  or 

place  in  the  United  States  shall  be  required  to  obtain  from 
the  consul,  vice-consul,  or  other  consular  officer  of  the 
United  States  at  the  port  of  departure,  or  from  the  medical 
officer  where  such  officer  has  been  detailed  by  the  Presi- 
dent for  that  purpose,  a  bill  of  health,  in  duplicate,  in  the 
form  iirescribed  by  the  Secretary  of  the  Treasury,  setting 
forth  the  sanitary  history  and  condition  of  said  vessel,  and 
that  it  has  in  all  respects  complied  with  the  rules  and  reg- 
ulations in  such  cases  jirescribed  for  securing  the  best  san- 
itary condition  of  the  said  vessel,  its  cargo,  passengers, 
and  crew;  and  said  consular  or  medical  officer  is  required, 
before  granting  such  duplicate  bill  of  health,  to  be  sati.sfled 
that  the  matters  and  things  therein  stated  are  true;  and  for 
his  services  in  that  behalf  he  shall  be  entitled  to  demand 
and  receive  such  fees  as  shall  by  lawful  regulation  be 
allowed,  to  be  accounted  for  as  is  required  in  other  cases. 
The  President,  in  his  discretion,  is  authorized  to  detail 
any  medical  officer  of  the  Government  to  serve  in  the  office 
of  the  consul  at  any  foreign  port  for  the  purpose  of  furnish- 

246 


PART    XXV. QUARANTINK    AND    BILLS    OF    HEALTH.  247 

ing-  information  and  making  tbe  inspection  and  givinjj;-  the 
bills  of  health  liereinbelore  mentioned.  Any  vessel  clear- 
ing and  sailhii>-  from  any  such  port  without  such  bill  of 
health,  and  entering;-  any  port  of  the  Tnited  States,  shall 
forfeit  to  the  United  States  not  more  than  live  thousand 
dollars,  the  amount  to  be  determined  by  the  court,  which 
shall  be  a  lien  on  the  same,  to  be  recovered  by  ])r()ceedings 
in  the  proper  district  court  of  the  United  States.  In  all 
such  ])ro(!eedings  the  United  States  district  attorney  for 
such  district  shall  ai)pear  on  behalf  of  the  United  States; 
and  all  such  proceedings  shall  be  conducted  in  accordance 
with  the  rules  and  laws  governing  cases  of  seizure  of  ves- 
sels for  violation  of  the  revenue  laws  of  the  United  States. 
The  provisions  of  this  section  shall  not  ap',>'y  to  vessels  Ang.i8,i894. 
plying  between  foreign  ports  on  or  near  the  fiontiers  of  the 
United  States  and  ports  of  the  Uniteil  States  adjacent 
thereto;  but  the  Secretary  of  the  Treasury  is  hereby 
authorized,  when,  in  his  discretion,  it  is  expedient  for  the 
preservation  of  the  public  health,  to  establish  regulations 
governing  such  vessels. 

300.  Quarantine  regulations. 

The  Supervising  Surgeon-General  of  the  Marine-Hospital  Feb.  ir>,  1893. 
Service  shall,  immediately  after  this  act  takes  effect,  ex-  ^^'^■'i- 
amine  the  quarantine  regulations  of  all  State  and  municipal 
boards  of  health,  and  shall,  under  the  direction  of  the 
Secretary  of  the  Treasury,  cooperate  with  and  aid  State 
and  munici])al  boards  of  health  in  the  execution  and  en- 
forcement of  the  rules  and  regulations  of  such  boards  and 
in  the  execution  and  enforcement  of  the  rules  and  regula- 
tions made  by  the  Secretary  of  the  Treasury  to  prevent  the 
introduction  of  contagious  or  infectious  diseases  into  the 
United  States  from  foreign  countries,  and  into  one  State  or 
Territory  or  the  District  of  Columbia  from  another  State 
or  Territory  or  the  District  of  Columbia;  and  all  rules  and 
regulations  made  by  the  Secretary  of  the  Treasury  shall 
operate  uniformly  and  in  no  manner  discriminate  against 
any  port  or  place;  and  at  such  i)orts  and  places  within  the 
United  States  as  have  no  quarantine  regulations  under 
State  or  municipal  authority,  where  such  regulations  are, 
in  the  opinion  of  the  Secretary  of  the  Treasury,  necessary 
to  prevent  the  introduction  of  contagious  or  infectious  dis- 
eases into  the  United  States  from  foreign  countries,  or  into 
one  State  or  Territory  or  tbe  District  of  Columbia  from 
another  State  or  Territory  or  the  District  of  Columbia,  and 
at  such  ])orts  and  places  within  the  United  States  where 
quarantine  regulations  exist  under  the  authority  of  the 
State  or  municipality  which,  in  the  opinion  of  the  Secretary 
of  the  Treasury,  are  not  sufrtcient  to  prevent  the  intro- 
duction of  such  diseases  into  the  United  States,  or  into 
one  State  or  Territory  or  the  Distrn-t  of  Columbia  from 
another  State  or  Territory  or  the  District  of  Columbia,  the 
Secretary  of  the  Treasury  shall,  if  in  his  judgment  it  is  nec- 
essary and  i^roper,  make  such  additional  rules  and  regula- 
tions as  are  necessary  to  ])revent  the  introduction  of  such 
diseases  into  the  United  States  from  tbreign  countries,  or 


248  PART    XXY. QUARANTINE    AND    BILLS    OF    HEALTH. 

into  one  State  or  Territory  or  the  District  of  Columbia  froM 
another  State  or  Territory  or  the  J>istrict  of  Colnrahia, 
and  when  said  rules  and  regulations  have  been  made  they 
shall  be  promulgated  by  the  Secretary  of  the  Treasury 
and  enforced  by  the  sanitary  authorities  of  the  States  and 
municipalities,  where  the  State  or  municipal  health  author- 
ities will  undertake  to  execute  and  enforce  them;  but  if 
the  State  or  municipal  authorities  shall  fail  or  refuse  to 
enforce  said  rules  and  regulations  the  President  shall  exe- 
cute and  enforce  the  same  and  adopt  such  measures  as  in 
his  judgment  shall  be  necessary  to  prevent  the  introduc- 
tion or  spread  of  such  diseases,  and  may  dt-tail  or  appoint 
officers  for  tliat  purpose.  Tlie  Secretary  of  the  Treasury 
shall  make  such  rules  and  regulations  as  are  necessary  to 
be  observed  by  vessels  at  the  port  of  departure  and  on  the 
voyage,  where  such  vessels  sail  from  any  foreign  port  or 
place  to  any  port  or  i)lace  in  the  United  States,  to  secure 
the  best  sanitary  condition  of  such  vessel,  her  cargo,  pas- 
sengers, and  crew;  which  shall  be  published  and  communi- 
cated to  and  enforced  by  the  consular  officers  of  the  United 
States.  None  of  the  penalties  herein  imposed  shall  attach 
to  any  vessel  or  owner  or  officer  thereof  until  a  copy  of 
this  act,  with  the  rules  and  regulations  made  in  pursuance 
thereof,  has  been  posted  up  in  the  office  of  the  consul  or 
other  consular  officer  of  the  United  States  for  ten  days,  in 
the  port  from  which  said  vessel  sailed;  and  the  certificate 
of  such  consul  or  consular  oiticer  over  his  official  signa- 
ture shall  be  comjjeteut  evidence  of  such  posting  in  any 
court  of  the  United  States. 

^^^-  The  Secretary  of  the  Treasury  shall  from  time  to  time 

issue  to  the  consular  officers  of  the  United  States  and  to 
the  medical  officers  serving  at  any  foreign  port,  and  other- 
wise make  publicly  known,  the  rules  and  regulations  made 
by  him,  to  be  used  and  complied  with  by  vessels  in  foreign 
ports,  for  securing  the  best  sanitary  condition  of  such  ves- 
sels, their  cargoes,  passengers,  and  crew,  before  their 
departure  for  any  port  in  the  United  States,  and  in  the 
course  of  the  voyage;  and  all  such  other  rules  and  regula- 
tions as  shall  be  observed  in  the  inspection  of  the  same 
on  the  arrival  thereof  at  any  quarantine  station  at  the  port 
of  destination,  and  for  the  tlisiufection  and  isolation  of  the 
same,  and  the  treatment  of  cargo  and  ])ersons  on  board,  so 
as  to  prevent  the  introduction  of  cholera,  yellow  fever,  or 
other  contagious  or  infectious  diseases;  and  it  shall  not  be 
lawful  for  any  vessel  to  enter  said  i)ort  to  discharge  its 
cargo,  or  land  its  passengers,  except  upon  a  certificate  of 
the  health  officer  at  such  quarantine  station  certifying 
that  said  rules  and  regulations  have  in  all  respects  been 
observed  and  complied  with,  as  well  on  his  part  as  on  the 
part  of  the  said  vessel  and  its  master,  in  respect  to  the 
same  and  to  its  cargo,  passengers,  and  crew ;  and  the  master 
of  every  such  vessel  shall  produce  and  deliver  to  the  col- 
lector of  customs  at  said  i)ort  of  entry,  together  with  the 
other  papers  of  the  vessel,  the  said  bills  of  health  refjuired 
to  be  obtained  at  the  port  of  departure  and  the  certificate 


PART    XXV. QUARANTINE    AND    BILLS    OF    IIi:Al/ni.  249 

herein  required  to  be  obtained  from  the  hoaltli  olhcer  at 
the  port  of  entry;  and  that  the  bills  of  health  herein  pre- 
scribed shall  be  considered  as  i)art  of  the  ship's  papers,  ami 
when  duly  certilied  to  by  the  proper  consular  otlicer  or 
other  ollicer  of  the  United  States,  over  his  odiciiil  sijjna- 
ture  and  seal,  shall  be  accepted  as  evidence  of  the  state- 
ments therein  contained  in  any  court  of  the  United  States. 

301.  Quarantine  inspection. 

On  the  arrival  of  an  infected  vessel  at«any  port  not  pro-  ^ec.e. 
vided  with  proper  facilities  for  treatment  of  the  same,  the 
Secretary  of  the  Treasury  may  remand  said  vessel,  at  its 
own  expense,  to  the  nearest  national  or  other  ([uarantiue 
station,  where  accommodations  and  appliances  are  pro- 
vided for  the  necessary  disinfection  and  treatment  of  the 
vessel,  passengers,  and  cargo;  and  alter  treatment  of  any 
infected  vessel  at  a  national  quarantine  station,  and  after 
certificate  shall  have  been  given  by  the  Ignited  States  quar- 
antine oflicer  at  said  station  that  the  vessel,  cargo,  and 
jiasseiigers  are  each  and  all  free  from  infectious  disease,  or 
dangerof  conveying  the  same,  said  vessel  shall  be  admitted 
to  entry  to  any  ])ort  of  the  United  States  named  within  the 
certificate.  IJut  at  any  ports  where  sufiticient  quarantine 
l)rovision  has  been  made  by  State  or  local  authorities  the 
Secretary  of  the  Treasury  may  direct  vessels  bound  for 
said  ports  to  undergo  quarantine  at  said  State  or  local 
station. 

302.  Suspension  of  commerce. 

Whenever  it  shall  be  shown  to  the  satisfaction  of  the  Sec.7. 
President  that  by  reason  of  the  existence  of  cholera  or  other 
infectious  or  contagious  diseases  in  a  foreign  country  there 
is  serious  danger  of  the  introduction  of  the  same  into  the 
United  States,  and  that  notwithstanding  the  quarantine 
defense  this  danger  is  so  increased  by  the  introduction  of 
persons  or  i)roperty  from  such  country  that  a  suspension 
of  the  right  to  introduce  the  same  is  demanded  in  the  inter- 
est of  the  public  health,  the  President  shall  have  power  to 
prohibit,  in  whole  or  in  part,  the  introduction  of  i)ersons 
and  property  from  such  countries  or  places  as  he  shall 
designate  and  for  such  period  of  time  as  he  nniy  deem 
necessary. 

Whenever  it  shall  be  made  to  ai)pear  to  the  satisfaction  Mar.27,i89o. 
of  the  President  that  cholera,  yellow  fever,  small-pox  or 
plague  exists  in  any  State  or  Territory,  or  in  the  district  of 
Columbia,  and  that  there  is  danger  of  the  spread  of  such 
disease  into  other  States,  Territories,  or  the  District  of 
Columbia,  he  is  hereby  authorized  to  cause  the  Secretary 
of  the  Treasury  to  promulgate  such  rules  and  regulations 
as  in  his  judgment  may  be  necessary  to  prevent  the  spread 
of  such  disease  from  one  State  or  Territory  into  another, 
or  from  any  State  or  Territory  into  the  District  of  Colum- 
bia, or  from  the  District  of  Columbia  into  any  State  or 
Territory,  and  to  employ  such  inspectors  and  other  persons 
as  maybe  necessary  to  execute  such  regulations  to  prevent 


250  PART    XXV. QUARANTINE    AND    BILLS    OF    HEALTH. 

tlie  spread  of  such  disease.  The  said  rules  and  regiihitions 
shall  be  prepared  by  the  Supervising  Surgeon  General  of 
the  Marine  Hospital  Servi(;e  under  the  direction  of  the 
Secretaiy  of  the  Treasury,  and  any  person  who  shall  will- 
fully violate  any  rule  or  regulation  so  made  and  promul- 
gated shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars,  or  imprisonment  for  not  more  than  two 
years,  or  botli,  in  the  discretion  of  the  court. 

303.  Penalties. 

Mar.  JT,  1890.        Any  officcr,  or  person  acting  as  an  officer,  or  agent  of  the 
Sec.  2.  United  States  at  any  quai-antiue  station,  or  other  person 

employed  to  aid  in  preventing  the  spread  of  such  disease, 
who  shall  willfully  violate  any  of  the  quarantine  laws  of 
the  United  States,  or  any  of  the  i  ules  and  regulations  made 
and  promulgated  by  the  Secretary  of  the  Treasury  as  pro- 
vided for  in  Section  1  of  this  act,  or  any  lawful  order  of 
his  superior  officer  or  officers,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  of  not  more  than  three  hundred  dollars  or  imprison- 
ment for  not  more  than  one  year,  or  both,  in  the  discretion 
of  the  court. 

Sec. 3.  When  any  common  carrier  or  officer,  agent,  or  employe 

of  any  common  carrier  shall  willfully  violate  any  of  the 
quarantine  laws  of  the  United  States,  or  the  rules  and  regu- 
lations made  and  promulgated  as  provided  for  in  Section  1 
of  this  act,  such  common  carrier,  officer,  agent,  or  em])loye 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  on 
conviction,  be  punislied  by  a  fine  of  not  more  than  five 
hundred  dollars,  or  imprisonment  for  not  more  than  two 
years  or  both,  in  the  discretion  of  the  court. 

Aug.  1, 1888.  Whenever  any  person  shall  trespass  upon  the  grounds 
belonging  to  any  quarantine  reservation,  *  *  *  such 
person,  tresi)assing,  *  *  *  shall, upon  conviction  thereof, 
pay  a  fine  of  not  more  than  three  hundred  dollars,  or  be 
sentenced  to  imprisonment  for  a  period  of  not  more  than 
thirty  days,  or  shall  be  punished  by  both  fine  and  impris- 
onment, at  the  discretion  of  the  court.  And  it  shall  be  the 
duty  of  the  United  States  attorney  in  the  district  where 
the  misdemeanor  shall  have  been  committed  to  take  imme- 
diate cognizance  of  the  offense,  upon  report  made  to  him 
by  any  medical  officer  of  the  Marine-Hospital  Service,  or  by 
any  officer  of  the  customs  service,  or  by  any  State  officer 
acting  under  authority  of  section  five  of  said  act. 

304.  State  health  laws. 

K.s.,4792.  The  quarantines  and  other  restraints  established  by  the 

health-laws  of  any  State,  lesjiecting  any  vessels  arriving 
in,  or  bound  to,  any  port  or  district  thereof,  shall  be  duly 
observed  by  the  officers  of  the  customs  revenue  of  the 
United  States,  by  the  masters  and  crews  of  the  several 
revenue-cutters,  and  by  the  military  officers  commanding 
in  any  fort  or  station  upon  the  sea  coast;  and  all  such  offi- 


PART  XXV. QUARANTINE  AND  BILLS  OF  HEALTH.    2ol 

cers  of  the  United  States  sluall  raithfully  aid  in  the  exo- 
cutiou  of  such  quarantines  and  health- laws,  according'  to 
their  respective  powers  and  within  their  respective  pre- 
cincts, and  as  they  shall  be  directed,  from  time  to  time,  by 
the  Secretary  of  the  Treasury.  But  nothing  in  this  Title 
[K.  S.,47!)l*-4800|  shall  enable  any  State  to  collect  a  duty 
of  tonnage  or  impost  without  the  consent  of  Congress. 

305.  Removal  of  cargo. 

NVhenever,  by  the  health-laws  of  any  State,  or  by  the  KS.,4793. 
regulations  nuxde  pursuant  thereto,  any  vessel  arriving 
within  a  collection-district  of  such  State  is  prohibited  from 
coming  to  the  port  of  entry  or  delivery  by  law  established 
for  such  district,  and  such  health-laws  require  or  permit 
the  cargo  of  the  vessel  to  be  unladen  at  some  other  phice 
within  or  near  to  such  district,  the  collector,  after  due 
report  to  him  of  the  whole  of  such  cargo,  may  grant  his 
warrant  or  permit  for  the  unlading  and  discharge  thereof, 
under  the  care  of  the  surveyor,  or  of  one  or  more  inspect- 
ors, at  some  other  jjlaee  where  such  health-laws  i)ermit, 
and  ui)on  the  conditions  and  restrictions  which  shall  be 
directed  by  the  Secretary  of  the  Treasury,  or  which  such 
collector  may,  for  the  time,  deem  expedient  for  the  security 
of  the  public  revenue. 

There  shall  be  purchased  or  erected,  under  the  orders  of  R.s.,47!'4. 
the  President,  suitable  warehouses,  with  wharves  and  inclo- 
sures,  where  merchandise  may  be  unladen  and  dei)osited, 
from  any  vessel  which  shall  be  subject  to  a  quarantine,  or 
other  restraint,  pursuant  to  the  health-laws  of  any  State, 
at  such  convenient  places  therein  as  the  safety  of  the  pub- 
lic revenue  and  the  observance  of  such  health-laws  may 
require. 

Whenever  the  cargo  of  a  vessel  is  unladen  at  some  other  r.  s.,47i)5. 
place  than  the  port  of  entry  or  delivery  under  the  fore- 
going provisions,  all  the  articles  of  such  cargo  shall  be 
deposited,  at  the  risk  of  the  parties  concerned  therein,  in 
such  public  or  other  warehouses  or  inclosures  as  the  col- 
lector shall  designate,  there  to  remain  under  the  joint  cus- 
tody of  such  collector  and  of  the  owner,  or  master,  or  other 
person  having  charge  of  such  vessel,  until  the  same  are 
entirely  unladen  or  discharged,  and  until  the  articles  so 
deposited  may  be  safely  removed  without  contravening 
such  health-laws.  And  when  such  removal  is  allowed,  the 
collector  having  charge  of  such  articles  may  grant  permits 
to  the  respective  owners  or  consignees,  their  factors  or 
agents,  to  receive  all  merchandise  which  has  been  entered, 
and  the  duties  accruing  upon  which  have  been  paid,  upon 
the  payment  by  them  of  a  reasonable  rate  of  storage; 
which  shall  be  fixed  by  the  Secretary  of  the  Treasury  for 
all  i)ublic  warehouses  and  inclosures. 

The  Secretary  of  the  Treasury  is  authorized,  whenever  a    k.s.,4796. 
conformity  to  such  quarantines  and  health-laws  re(iuires  it, 
and  in  respect  to  vessels  subject  thereto,  to  prolong  the 
terms  limited  for  the  entry  of  the  same,  and  the  report  or 


252  PART    XXV. — QUARANTINE    AND    BILLH-    OF    HEALTH. 

entry  of  tlieir  cargoes,  and  to  vary  or  dispense  with  any 
otlier  regulations  applicable  to  such  reports  or  entries.  >  o 
part  of  the  cargo  of  any  vessel  shall,  however,  in  any  case, 
be  taken  out  or  unladen  therefrom,  otherwise  than  is 
allowed  by  law,  or  according  to  the  regulations  hereinafter 
established. 

306.  Removal  of  custom-house. 

R.s.,4797  Whenever,  by  the  prevalence  of  any  contagious  or  epi- 

demic disease  in  or  near  the  place  by  law  established  as  tlie 
port  of  entry  for  any  collection-district,  it  becomes  danger- 
ous or  inconvenient  for  the  ofticers  of  the  revenue  employed 
therein  to  continue  the  discharge  of  their  respective  offices  at 
such  port,  the  Secretary  of  the  Treasury,  or,  in  his  absence, 
the  Comptroller,  may  direct  tlie  removal  of  the  officers  of 
the  revenue  from  such  port  to  any  other  more  convenient 
place,  within,  or  as  near  as  may  be  to,  such  collection-dis- 
trict. And  at  such  place  such  officers  may  exercise  the 
same  powers,  and  shall  be  liable  to  the  same  duties,  accord- 
ing to  existing  circumstances,  as  in  the  port  or  district 
established  by  law.  Public  notice  of  any  such  removal 
shall  be  given  as  soon  as  may  be. 


Part  XXVI.— IMMIGRATION. 


307.  Head  money.  I  313.  Deportation   of   prohibited    immi 


grants. 

314.  Prohibited  immigration. 

315.  Ap])eals  in  certain  cases. 

316.  Posting  of  biws. 

317.  MisceliaiM'ous  provisions. 


303.  Lists,  tickets,  and  examination. 

309.  Inspection. 

310.  Foreign  convicts  to  be  deported. 

311.  Alien  contract  and  assisted  immi- 

gration. 

312.  Inspection. 

307.  Head  money. 

There  shall  be  levied,  collected,  and  i)aid  a  duty  of  cue  Aup.3,i882. 
dollar  for  each  and  every  passenger  not  a  citi/.en  of  the  ^"gi8,i894. 
United  States  who  shall  come  by  steam  or  sail  vessel  from 
a  foreign  port  to  any  ])ort  within  the  United  States.  The 
said  duty  shall  be  paid  to  the  collector  of  customs  of  the 
port  to  which  such  passenger  shall  come,  or  if  there  be  no 
collector  at  such  port,  then  to  the  collector  of  customs 
nearest  thereto,  by  the  master,  owner,  agent,  or  consignee 
of  every  such  vessel,  within  twenty-four  hours  after  the 
entry  thereof  into  such  port.  The  money  thus  collected 
shall  be  paid  into  the  United  States  Treasury,  and  shall 
constitute  a  fund  to  be  called  the  immigrant  fund,  and 
shall  be  used,  under  the  direction  of  the  Secretary  of  the 
Treasury,  to  delray  the  expense  of  regulating  immigration 
under  this  act,  and  for  the  care  of  immigrants  arriving  in 
the  United  States,  for  the  relief  of  such  as  are  in  distress, 
and  for  the  general  purposes  and  expenses  of  carrying  this 
act  into  effect.  The  duty  imposed  by  this  section  shall  be 
a  lien  upon  the  vessels  which  shall  bring  such  passengers 
into  the  United  States,  and  shall  be  a  debt  in  favor  of  the 
United  States  against  the  owner  or  owners  of  such  vessels ; 
and  the  payment  of  such  duty  may  be  enforced  by  any 
legal  or  equitable  remedy.  Provided,  That  no  greater  sum 
shall  be  expended  for  the  ])urposes  hereinbefore  mentioned, 
at  any  port,  than  shall  have  been  collected  at  such  port. 

308.  Lists,  tickets,  and  examination. 

In  addition  to  conforming  to  all  present  requirements  of  Mar.:;. i893. 
law,  upon  the  arrival  of  any  alien  immigrants  by  water  at 
any  port  within  the  United  States,  it  shall  be  the  duty  of 
the  master  or  commanding  officer  of  the  steamer  or  sailing 
vessel  having  said  immigrants  on  board  to  deliver  to  the 
proper  inspector  of  immigration  at  the  i)ort  lists  or  mani- 
fests made  at  the  time  and  place  of  embarkation  of  such 
alien  immigrants  on  board  such  steamer  or  vessel,  which 
shall,  in  answer  to  questions  at  the  top  of  said  lists,  state 

253 


254  PART    XXVI. IMMIGRATION. 

as  to  each  immigraut  the  fall  name,  age,  and  sex,  whether 
married  or  single;  the  calling  or  occupation;  whether  able 
to  read  or  write;  the  nationality;  tlie  last  residence;  the 
seaport  for  landing  in  the  United  States;  the  tinal  destina- 
tion, if  any,  beyond  the  seaport  of  landing;  whether  hav- 
ing a  ticket  through  to  such  final  destination ;  whether  the 
immigrant  has  paid  his  own  passage  or  whether  it  has  been 
X)aid  by  other  jjersons  or  by  any  corporation,  society,  muni- 
cipality, or  government;  whether  in  possession  of  money, 
and  if  so,  whether  upwards  of  thirty  dollars  and  how 
much  if  thirty  dollars  or  less;  ^vl!ether  going  to  join  a  rela- 
tive, and  if  so,  what  relative  and  his  name  and  address; 
whether  ever  before  in  the  United  States,  and  if  so,  when 
and  where;  whether  ever  in  prison  or  almshouse  or  su})- 
ported  by  charity;  whether  a  polj-gamist;  whether  under 
contract,  express  or  implied,  to  perform  labor  in  the  United 
States;  and  what  is  the  immigrant's  condition  of  health 
mentally  and  physically,  and  whether  deformed  or  crippled, 
and  if  so,  from  what  cause. 

^^'^  2.  The  immigrants  shall  be  listed  in  convenient  groups  and 

no  one  list  or  manifest  shall  contain  more  than  thirty 
names.  To  each  immigrant  or  liead  of  a  family  shall  be 
given  a  ticket  on  which  shall  be  written  his  name,  a  num- 
ber or  letter  designating  the  list,  and  his  number  on  the 
list,  for  convenience  of  identification  on  arrival.  Each  list 
or  manifest  shall  be  verified  by  the  signature  and  the  oath 
or  atfirmation  of  the  master  or  commanding  officer  or  of 
the  officer  first  or  second  below  him  in  command,  taken 
before  the  United  States  consul  or  consular  agent  at  the 
port  of  departure,  befoie  the  sailing  of  said  vessel,  to  the 
effect  that  he  has  made  a  personal  examination  of  each  and 
all  of  the  passengers  named  therein,  and  that  he  has 
caused  the  surgeon  of  said  vessel  sailing  therewith  to  make 
a  physical  examination  of  each  of  said  passengers,  and 
that  from  his  personal  inspection  and  tlie  report  of  said 
surgeon  he  believes  that  no  one  of  said  passengers  is  an 
idiot  or  insane  person,  or  a  pauper  or  likely  to  become  a 
public  charge,  or  suffering  from  a  loathsome  or  dangerous 
contagious  disease,  or  a  person  who  has  been  convicted  of 
a  felony  or  other  infamous  crime  or  misdemeanor  involving 
moral  turpitude,  or  a  polygamist,  or  under  a  contract  or 
agreement,  exi)ress  or  implied,  to  perform  labor  in  the 
United  States,  and  that  also,  according  to  the  best  of  his 
knowledge  and  belief,  the  information  in  said  list  or  mani- 
fest concerning  each  of  said  passengers  named  therein  is 
correct  and  true. 

^^°"-  The  surgeon  of  said  vessel  sailing  therewith  shall  also 

sign  each  of  said  lists  or  manifests  before  the  dei)arture  of 
said  vessel,  and  make  oath  or  affirmation  in  like  manner 
before  said  consul  or  consular  agent,  stating  his  profes- 
sional experience  and  qualifliiations  as  a  physician  and  sur- 
geon, and  that  he  has  made  a  personal  examination  of  each 
of  the  passengers  named  therein  and  that  said  list  or  mani- 
fest, according  to  the  best  of  his  knowledge  and  belief,  is 
full,  correct,  and  true  in  all  particulars  relative  to  the  men- 


PART    XXVI. IMMIGRATION.  255 

tal  and  physical  condition  of  said  passengers.  If  no  sur- 
geon sails  with  any  vessel  bringing  alien  immigrants,  the 
mental  and  ])hysical  examinations  and  the  verilicatioiis  of 
the  lists  or  manifests  may  be  made  by  some  competent 
surgeon  employed  by  the  owners  of  the  vessel. 

In  the  case  of  the  lailure  of  said  master  or  commanding  scc.  4. 
officer  of  said  vessel  to  deliver  to  the  said  inspector  of 
immigration  lists  or  manifests,  verified  as  aforesaid,  con- 
taining the  information  above  required  as  to  all  alien  immi- 
grants on  board,  there  shall  be  paid  to  the  collector  of 
customs  at  the  port  of  arrival  the  sum  of  ten  dollars  for 
each  immigrant  qualified  to  enter  the  United  States  con- 
cerning whom  the  above  information  is  not  contained  in 
any  list  as  aforesaid,  or  said  immigrant  shall  not  be  per- 
mitted so  to  enter  the  LTnited  States,  but  shall  be  returned 
like  other  excluded  i)ersons. 

It  shall  be  the  duty  of  every  inspector  of  arriving  alien  secs. 
immigrants  to  detain  for  a  special  inquiry,  under  section 
one  of  the  immigration  act  of  March  third,  eighteen  hun- 
dred and  ninety-one,  every  person  who  may  not  appear  to 
him  to  be  clearlj^  and  beyond  doubt  entitled  to  admission, 
and  all  special  inquiries  shall  be  conducted  by  not  less  than 
four  officials  acting  as  inspectors,  to  be  designated  in  writ- 
ing by  the  Secretary  of  the  Treasury  or  the  commissioner- 
general  of  immigration,  for  conducting  special  inquiries;  Mar.  2,1895. 
and  no  immigrant  shall  be  admitted  on  special  inquiry 
except  after  a  favorable  decision  made  by  at  least  three  of 
said  inspectors;  and  any  decision  to  admit  shall  be  subject 
to  appeal  by  any  dissenting  inspector  to  the  commissioner- 
general  of  immigration,  whose  action  shall  be  subject  to 
review  by  the  Secretary  of  the  Treasury,  as  provided  in 
section  eight  of  said  immigration  act  of  March  third,  eight- 
een hundred  and  ninety-one. 

309.  Inspection. 

The  Secretary  of  the  Treasury  is  hereby  charged  with  au};.  .'i,i882. 
the  duty  of  executing  the  provisions  of  this  act  and  with  ^^'^■'^■ 
supervision  over  the  business  of  immigration  to  the  United 
States,  and  for  that  purpose  he  shall  have  power  to  enter 
into  contracts  with  such  State  commission,  board,  or  officers 
as  may  be  designated  for  that  purpose  by  the  governor  of 
any  State  to  take  charge  of  the  local  affairs  of  immigration 
in  the  ports  within  said  State,  and  to  provide  for  the  sup- 
port and  relief  of  such  immigrants  theiein  landing  as  may 
fall  into  distress  or  need  public  aid,  under  the  rules  and 
regulations  to  be  prescribed  by  said  Secretary ;  and  it  shall 
be  the  duty  of  such  State  commission,  board  or  offi<'ers  so 
designated  to  examine  into  the  condition  of  passengers 
arriving  at  the  ports  within  such  State,  in  any  ship  or  ves- 
sel, and  for  that  purpose  all  or  any  of  such  commissioners 
or  officers  or  such  other  person  or  ])ersons  as  they  shall 
appoint,  shall  be  authorized  to  goon  board  of  ami  through 
any  such  ship  or  vessel;  and  if  on  such  examination  there 
shall  be  found  among  su(!h  passengers  any  convict,  lunatic, 
idiot,  or  any  person  unable  to  take  care  of  himself  or  her- 


256  PAKT    XXVI. IMMIGRATIOX. 

self  without  becoming  a  public  charge,  they  shall  re])<»it 
the  same  in  writing  to  the  collector  of  such  port,  and  sucli 
person  sliall  not  be  permitted  to  land. 

Mar.  3, 1891.         All  dutics  iuiposed  and  powers  conferred  by  the  second 
Sec. 8.  section  of  the  Act  of  August  third,  eighteen  hundred  and 

eighty-two  upon  State  commissioners,  boards  or  officers 
acting  under  contract  with  the  Secietary  of  the  Treasury 
shall  be  performed  and  exercised,  as  occasion  may  arise, 
by  the  inspection  officers  of  the  United  States. 

Aug.  3, 1882.         The  Secretary  of  the  Treasury  shall  establish  such  regu- 
sec.3.  latious  and  rules  and  issue  from  time  to  time  such  instruc- 

tions not  inconsistent  with  law  as  he  shall  deem  best  calcu- 
lated to  protect  the  United  States  and  immigrants  into  the 
United  States  from  fraud  and  loss,  and  for  carrying  out 
the  provisions  of  this  act  and  the  immigration  laws  of  the 
United  States;  and  he  shall  prescribe  all  forms  of  bonds, 
entries,  and  other  papers  to  be  used  under  and  in  the 
enforcement  of  the  various  provisions  of  this  act. 

310.  Foreign  convicts  to  be  deported. 

Aug.  3, 1882.         All  foreign  convicts  except  those  convicted  of  political 
Sec. 4.  ofienses,  upon  arrival,  shall  be  sent  back  to  the  nations  to 

which  they  belong  and  from  whence  they  came.  [The  Sec- 
retary of  the  Treasury  may  designate  the  State  board  of 
charities  of  any  State  in  which  such  board  shall  exist  by 
law,  or  any  commission  in  any  State,  or  any  person  or  per- 
sons in  any  State  whose  duty  it  shall  be  to  execute  the 
provisions  of  this  section  without  compensation.]  The  Sec- 
retary of  the  Treasury  shall  prescribe  regulations  for  the 
return  of  the  aforesaid  persons  to  the  countries  from  whence 
they  came,  and  shall  furnish  instructions  to  the  board,  com- 
mission, or  persons  charged  with  the  execution  of  the  pro- 
visions of  this  section  as  to  the  mode  of  procedure  in  respect 
thereto,  and  may  change  such  instructions  from  time  to 
time.  The  expense  of  such  return  of  the  aforesaid  persons 
not  permitted  to  land  shall  be  borne  by  the  owners  of  the 
vessel  in  which  they  came. 

311.  Alien  contract  and  assisted  immigration. 

Feb.  26, 1885.  From  aud  after  tiie  passage  of  this  act  it  shall  be  unlaw- 
ful for  any  person,  company,  partnership,  or  corporation, 
in  any  manner  whatsoever,  to  prepay  the  transportation, 
or  in  any  way  assist  or  encourage  the  importation  or  migra 
tion  of  any  alien  or  aliens,  any  foreigner  or  foreigners,  into 
the  United  States,  its  Territories,  or  the  District  of  Colum- 
bia, under  contract  or  agreement,  parol  or  special,  express 
or  implied,  made  previous  to  the  importation  or  migration 
of  such  alien  or  aliens,  foreigner  or  foreigners,  to  perform 
labor  or  service  of  any  kind  in  the  United  States,  its  Terri- 
tories, or  the  District  of  Columbia. 

Sec. 2.  All  contracts  or  agreements,  express  or  implied,  parol 

or  special,  which  may  hereafter  be  made  by  and  between 
any  person,  company,  partnership,  or  corporation,  and  any 
foreigner  or  foreigners,  alien  or  aliens,  to  perform  labor 


PART    XXYI. IMMIGRATION.  257 

or  service  or  having  reference  to  the  performance  of  labor  or 
service  by  any  person  in  the  United  States,  its  Territories, 
or  the  District  of  Colnnibia,  previous  to  tlie  migration  or 
importation  of  the  person  or  persons  whose  labor  or  service 
is  contracted  for  into  the  United  States,  shall  be  utterly 
void  and  of  no  effect. 

For  every  violation  of  any  of  the  provisions  of  section  sec.3. 
one  of  this  act  the  i)erson,  partnershij),  company,  or  cor- 
poration violating  the  same,  by  knowingly  assisting,  encour- 
aging or  soliciting  the  migration  or  importation  of  any 
alien  or  aliens,  foreigner  or  foreigners,  into  the  United 
States,  its  Territories,  or  the  District  of  Columbia,  to  i)er- 
form  labor  or  service  of  any  kind  under  contract  or  agree- 
ment, express  or  imj)lied,  parol  or  special,  with  such  alien 
or  aliens,  foreigner  or  foreigners,  previous  to  becoming  resi- 
dents or  citizens  of  the  United  States,  shall  forfeit  an<l  ])ay 
for  every  such  often se  the  sum  of  one  thousand  dollars, 
which  may  be  sued  for  and  recovered  by  ihe  United  States 
or  by  any  person  who  shall  first  bring  his  action  therefor, 
including  any  such  alien  or  foreigner  who  may  be  a  party  to 
any  such  contract  or  agreement,  as  debts  of  like  amount 
are  now  recovered  in  the  circuit  courts  of  the  United  States ; 
the  proceeds  to  be  paid  into  the  Treasury  of  the  United 
States;  and  separate  suits  may  be  brought  for  each  alien 
or  foreigner  being  a  party  to  such  contract  or  agreement 
aforesaid.  And  it  shall  be  the  duty  of  the  district  attorney 
of  the  proper  district  to  prosecute  every  such  suit  at  the 
expense  of  the  United  States. 

The  master  of  any  vessel  who  shall  knowingly  bring  Sec.4. 
within  the  United  States  on  any  such  vessel,  and  land,  or 
permit  to  be  landed,  from  any  foreign  port  or  place,  any 
alien  laborer,  mechanic,  or  artisan  who,  previous  to  embark- 
ation on  such  vessel,  had  entered  into  contract  or  agree- 
ment, parol  or  special,  express  or  implied,  to  perform  labor 
or  service  in  the  United  States,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars  for  each 
and  every  such  alien  laborer,  mechanic  or  artisan  so 
brought  as  aforesaid,  and  may  also  be  imprisoned  for  a 
term  not  exceeding  six  months. 

Nothing  in  this  act  shall  be  so  construed  as  to  prevent  sec.s. 
any  citizen  or  subject  of  any  foreign  country  temporarily 
residing  in  the  United  States,  either  in  private  or  oftlcial 
capacity,  from  engaging,  under  contract  or  otherwise,  per- 
sons not  residents  or  citizens  of  the  United  States  to  act  as 
private  secretaries,  servants,  or  domestics  for  such  foreigner 
temporarily  residing  in  the  United  States  as  aforesaid;  nor 
shall  this  act  be  so  construed  as  to  prevent  any  person,  or 
persons,  partnership,  or  corporation  from  engaging,  under 
contract  or  agreement,  skilled  workmen  in  foreign  countries 
to  perform  labor  in  the  United  States  in  or  upon  any  new 
industry  not  at  present  established  in  the  United  States: 
Provided,  That  skilled  labor  for  that  purpose  can  not  be 
otherwise  obtained;  nor  shall  the  provisions  of  this  act 
apply  to  i)r<)fessional  actors,  artists,  lecturers,  or  singers, 
NAY  09,  PT  2 17 


258  PART    XXVI. IMMIGRATION. 

nor  to  persons  employed  strictly  as  personal  or  domestic 
Mar.3,1891.  servauts,  nor  to  ministers  of  any  religious  denomination; 
Sec. 5.  QQj.  persons  belonging  to  any  recognized  profession,  nor 

professors  for  colleges  and  seminaries:  Provided,  That 
nothing  in  this  act  shall  be  construed  as  prohibiting  any 
individual  from  assisting  any  member  of  his  ftimily  to 
migrate  from  any  foreign  country  to  the  United  States,  for 
the  purpose  of  settlement  here. 
Mar.3,1891.  ]^o  g^it  or  proceeding  for  violations  of  said  act  of  Feb- 
^^''■^*  ruary  twenty-sixth,  eighteen  hundred  and  eighty-five,  pro- 

hibiting the  importation  and  migration  of  foreigners  under 
contract  or  agreement  to  perform  labor  shall  be  settled, 
compromised,  or  discontinued  without  the  consent  of  the 
court  entered  of  record  with  reasons  therefor. 

Sec.  3.  It  shall  be  deemed  a  violation  of  said  act  of  February 

twenty-sixth,  eighteen  hundred  and  eighty-five,  to  assist  or 
encourage  the  importation  or  migration  of  any  alien  by 
promise  of  employment  through  advertisements  printed 
and  published  in  any  foreign  country ;  and  any  alien  com- 
ing to  this  country  in  consequence  of  such  an  advertisement 
shall  be  treated  as  comiug  under  a  contract  as  contemplated 
by  such  act;  and  the  penalties  by  said  act  imposed  shall  be 
applicable  in  such  a  case :  Provided,  This  section  shall  not 
apply  to  States  and  immigration  bureaus  of  States  adver- 
tising the  inducements  they  offer  for  immigration  to  such 
States. 

Sec.  4.  No  steamship  or  transportation  company  or  owners  of 

vessels  shall  directly,  or  through  agents,  either  by  writing, 
printing,  or  oral  representations,  solicit,  invite  or  encourage 
the  immigration  of  any  alien  into  the  United  States  except 
by  ordinary  commercial  letters,  circulars,  advertisements, 
or  oral  representations,  stating  the  sailings  of  their  vessels 
and  the  terms  and  facilities  of  transportation  therein;  and 
for  a  violation  of  this  provision  any  such  steamship  or 
transportation  company,  and  any  such  owners  of  vessels, 
and  the  agents  by  them  employed,  shall  be  subjected  to 
the  penalties  imposed  by  the  third  section  of  said  act  of 
February  twenty-sixth,  eighteen  hundred  and  eighty-five, 
for  violations  of  the  provisions  of  the  first  section  of  said  act. 

Sec.  e.  Any  person  who  shall  bring  into  or  land  in  the  United 

States  by  vessel  or  otherwise,  or  who  shall  aid  to  bring  into 
or  land  in  the  United  States  by  vessel  or  otherwise,  any 
alien  not  lawfully  entitled  to  enter  the  United  States  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  on  convic- 
tion, be  punished  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  by  imprisonment  for  a  term  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Mar.  3, 1893.         ]^q  boud  or  guaranty,  written  or  oral,  that  an  alien  immi- 

sec.  7-  grant  shall  not  become  a  public  charge  shall  be  received  from 

any  person,  company,  corporation,  charitable  or  benevolent 
society  or  association,  unless  authority  to  receive  the  same 

Mar.  2, 1895.  shall  iu  cach  special  case  be  given  by  the  Commissioner- 
General  of  Immigration,  with  the  written  approval  of  the 
Secretary  of  the  Treasury. 


PART    XXVI, IMMIGRATION.  259 

312.  Inspection. 

The  Secretary  of  the  Treasury  is  hereby  cliarg^ed  with  Fob.23,  isst. 
the  duty  of  executing  the  provisions  of  this  act,  [and  for  «««^-6- 
that  purpose  lie  shall  have  power  to  enter  into  contracts 
with  such  State  commission,  board,  or  officers  as  may  be 
designated  for  that  purpose,  by  the  governor  of  any  State 
to  take  charge  of  the  local  affairs  of  immigration  in  the 
ports  within  said  State,  under  the  rules  and  regulations  to 
be  prescribed  by  said  Secretary;  and  it  shall  be  the  duty 
of  such  State  commission,  board,  or  officers  so  designated 
to  examine  into  the  condition  of  passengers  arriving  at  the 
ports  within  such  State  in  any  ship  or  vessel,  and  for  that 
puri)ose  all  or  any  of  such  commissioners  or  officers,  or  such 
otherpersonor  persons  as  they  shall  appoint,  shall  be  author- 
ized to  go  on  board  of  and  through  any  such  ship  or  vessel; 
and  if  in  such  examination  there  shall  be  found  among  such 
passengers  any  person  included  in  the  prohibition  in  this 
act,  they  shall  report  the  same  in  writing  to  the  collector 
of  such  port,]  and  such  person  shall  not  be  permitted  to  land. 

The  Secretary  of  the  Treasury  shall  establish  such  regu-  sec.7. 
lations  and  rules,  and  issue  from  time  to  time  such  instruc- 
tions not  inconsistent  with  law,  as  he  shall  deem  best  cal- 
culated for  carrying  out  the  provisions  of  this  act;  and  he 
shall  prescribe  all  forms  of  bonds,  entries,  and  other  ])apers 
to  be  used  under  and  in  the  enforcement  of  the  various  pro- 
visions of  this  act. 

Upon  the  arrival  by  water  at  any  place  within  the  United  sec.s. 
States  of  any  alien  immigrants  it  shall  be  the  duty  of  the 
commanding  officer  and  the  agents  of  the  steam  or  sailing 
vessel  by  which  they  came  to  report  the  name,  nationality, 
last  residence,  and  destination  of  every  such  alien,  before  any 
of  them  are  landed,  to  the  proper  inspection  officers,  who 
shall  thereupon  go  or  send  competent  assistants  on  board 
such  vessel  and  there  inspect  all  such  aliens,  or  the  inspec- 
tion officers  may  order  a  temporary  removal  of  such  aliens 
for  examination  at  a  designated  time  and  place,  and  then 
and  there  detain  them  until  a  thorough  inspection  is  made. 
But  such  a  removal  shall  not  be  considered  a  landing  during 
the  pendency  of  such  examination.  The  medical  examina- 
tion shall  be  ma^e  by  any  regular  officers  of  the  Marine-Hos- 
pital Service  detailed  therefor  by  the  Secretary  of  the  Treas- 
ury, and  civil  surgeons  shall  only  be  employed  temporarily 
from  time  to  time  for  special  emergencies,  and  the  Secretary 
of  the  Treasury  shall  fix  the  compensation  for  such  exami- 
nation. The  inspection  officers  and  their  assistants  shall 
have  power  to  administer  oaths,  and  to  take  and  consider 
testimony  touching  the  right  of  any  such  aliens  to  enter  the 
United  States,  all  of  which  shall  be  entered  of  record.  Dur- 
ing such  inspection  after  temporary  removal  the  superin- 
tendent shall  cause  such  aliens  to  be  properly  housed,  fed, 
and  cared  for,  and  also,  in  his  discretion,  such  as  are  delayed 
in  proceeding  to  their  destination  after  inspection.  All 
decisions  made  by  the  inspection  officers  or  their  assistants 
touching  the  right  of  any  alien  to  land,  when  adverse  to  such 
right,  shall  be  final  unless  appeal  be  taken  to  the  commis- 


Mar.  3, 1893. 


260  PART    XXVI. — IMMIGRATION. 

sioner- general  of  immigration,  whose  action  shall  be  sub- 
Mar.  2, 1895.  ject  to  review  by  the  Secretary  of  the  Treasury.  It  shall  be 
the  duty  of  the  aforesaid  officers  and  agents  of  such  vessel 
to  adopt  due  i)recautions  to  prevent  the  landing  of  any  alien 
immigrant  at  any  place  or  time  other  than  that  designated 
by  the  inspection  officers,  and  any  such  officer  or  agent  or 
person  in  charge  of  such  vessel  who  shall  either  knowingly 
or  negligently  land  or  i)ermit  to  land  any  alien  immigrant  at 
any  place  or  time  other  than  that  designated  by  the  inspec- 
tion officers,  shall  be  deemed  guilty  of  a  misdemeanor  and 
punished  by  a  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  for  a  term  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment. 

The  Secretary  of  the  Treasury  may  prescribe  rules  for 
ins])ection  along  the  borders  of  Canada,  British  Columbia, 
and  Mexico  so  as  not  to  obstruct  or  unnecessarily  delay, 
impede,  or  annoy  passengers  in  ordinary  travel  between  said 
countries :  Provided,  That  not  exceeding  one  inspector  shall 
be  appointed  for  each  customs  district,  and  whose  salary 
shall  not  exceed  twelve  hundred  dollars  per  year. 

313.  Deportation  of  prohibited  immigrants. 

Feb.  23, 1887.        All  persous  included  in  the  prohibition  in  this  act,  upon 
Sec. 8.  arrival,  shall  be  sent  back  to  the  nations  to  which  they 

belong  and  from  whence  they  came.  The  Secretary  of  the 
Treasury  may  designate  the  State  board  of  charities  of  any 
State  in  which  such  board  shall  exist  by  law,  or  any  com- 
mission in  any  State,  or  any  person  or  persons  in  any  State, 
whose  duty  it  shall  be  to  execute  the  provisions  of  this 
section  and  shall  be  entitled  to  reasonable  compensation 
therefor  to  be  fixed  by  regulation  prescribed  by  the  Secre- 
tary of  the  Treasury.  The  Secretary  of  the  Treasury  shall 
prescribe  regulations  for  the  return  of  the  aforesaid  persons 
to  the  conntries  from  whence  they  came,  and  shall  furnish 
instructions  to  the  board,  commission,  or  persons  charged 
with  the  execution  of  the  provisions  of  this  section  as  to 
the  time  of  procedure  in  respect  thereto,  and  may  change 
such  instructions  from  time  to  time.  The  expense  of  such 
return  of  the  aforesaid  persons  not  permitted  to  land  shall 
be  borne  by  the  owners  of  the  vessels  in  which  they  came. 
And  any  vessel  refusing  to  pay  such  expenses  shall  not 
thereafter  be  permitted  to  land  at  or  clear  from  any  port 
of  the  United  States.  And  such  expenses  shall  be  a  lien 
on  said  vessel. 

Oct.  19, 1887.  The  act  approved  February  twenty-third,  eighteen  hun- 
dred and  eighty-seven,  entitled  "An  act  to  amend  an  act 
to  prohibit  the  importation  and  immigration  of  foreigners 
and  aliens  under  contract  or  agreement  to  perform  labor 
in  the  United  States,  its  Territories,  and  the  District  of 
Columbia,"  be,  and  the  same  is  hereby,  so  amended  as  to 
authorize  the  Secretary  of  the  Treasury,  in  case  that  he 
shall  be  satisfied  that  an  immigrant  has  been  allowed  to 
land  contrary  to  the  prohibition  of  that  law,  to  cause  such 


PART    XXVI. — IMMIGRATION.  261 

immigrant  within  the  period  of  one  year  after  hmding  or 
entry,  to  be  taken  into  custody  and  returned  to  the  country 
from  whence  he  came,  at  the  expense  of  the  owner  of  the 
importing  vessel;  or,  if  he  entered  from  an  adjoining  coun- 
try, at  the  expense  of  the  person  previously  contracting 
for  the  services. 

All  aliens  who  may  unlawfully  come  into  the  United  M»r.  3,  i89i. 
States  shall,  if  practicable,  be  immediately  sent  back  on  s.c.  lo. 
the  vessel  by  which  they  were  brought  in.  The  cost  of 
their  maintenance  while  on  land,  as  well  as  the  expense  of 
the  return  of  such  aliens,  shall  be  borne  by  the  owner  or 
owners  of  the  vessel  on  which  such  aliens  came;  and  if  any 
master,  agent,  consignee,  or  ow4ier  of  such  vessel  shall 
refuse  to  receive  back  on  board  the  vessel  such  aliens,  or 
shall  neglect  to  detain  them  thereon,  or  shall  refuse  or  neg- 
lect to  return  them  to  the  i)ort  from  which  they  came,  or 
to  pay  the  cost  of  their  maintenance  while  on  land,  such 
master,  agent,  consignee,  or  owner  shall  be  deejued  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not  less 
than  three  hundred  dollars  for  each  and  every  ofl'ense;  and 
any  such  vessel  shall  not  have  clearance  from  any  p^ort  of 
the  United  States  while  any  such  fine  is  unpaid. 

Any  alien  who  shall  come  into  the  United  States  in  vio-  s«c.ii. 
lation  of  law  may  be  returned  as  by  law  provided,  at  any 
time  within  one  year  thereafter,  at  the  expense  of  the  per- 
son or  persons,  vessel,  transportation  company,  or  corpora- 
tion bringing  such  alien  into  the  United  States,  and  if  that 
can  not  be  done,  then  at  the  expense  of  the  United  States; 
and  any  alien  who  becomes  a  public  charge  within  one 
year  after  his  arrival  in  the  United  States  from  causes 
existing  prior  to  his  landing  therein  shall  be  deemed  to 
have  come  in  violation  of  law  and  shall  be  returned  as 
aforesaid. 

314.  Prohibited  immigration. 

The  following  classes  of  aliens  shall  be  excluded  from  Mar.s.isoi. 
admission  into  the  United  States,  in  accordance  with  the  ^®c.  i. 
existing  acts  regulating  immigration,  other  than  those  con- 
ceruingChinese laborers:  All  idiots, insane  persons, paupers 
or  per.^ons  likely  to  become  a  public  charge,  persons  suffer- 
ing from  a  loathsome  or  a  dangerous  contagious  dise^ise, 
persons  who  have  been  convicted  of  a  felony  or  other  infa- 
mous crime  or  misdemeanor  involving  moral  turpitude, 
polygamists,  and  also  any  person  whose  ticket  or  passage 
is  paid  for  with  the  money  of  another  or  who  is  assisted  by 
others  to  come,  unless  it  is  affirmatively  and  satisfactorily 
shown  on  special  inquiry  that  such  person  does  not  belong- 
to  one  of  the  foregoing  excluded  classes,  or  to  the  class  of 
contract  laborers,  excluded  by  the  a(;t  of  February  twenty- 
sixth,  eighteen  hundred  and  eighty-five,  hut  this  section 
shall  not  be  held  to  exclude  persons  living  in  the  United 
States  from  sending  for  a  relative  or  a  friend  who  is  not  of 
the  excluded  classes  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe:  I'rorided,  That  noth- 
ing in  this  act  shall  be  construed  to  apply  to  or  exclude 


262  PART    XXVI. IMMIGRATION. 

persons  convicted  of  a  political  ofiense,  notwithstanding 
said  political  offense  may  be  designated  as  a  "felony,  crime, 
infamous  crime,  or  misdemeanor,  involving  moral  turpi- 
tude" by  the  laws  of  the  land  whence  he  came  or  by  the 
court  convicting. 

315.  Appeals  in  certain  cases. 

Mar.  3, 1875.         It  shall  be  unlawful  for  aliens  of  the  following  classes  to 
Sec.  5.  immigrate  into  the  United  States,  namely,  persons  who  are 

undergoing  a  sentence  for  conviction  in  theii  own  country 
of  felonious  crimes  other  than  political  or  growing  out  of 
or  the  result  of  such  political  offenses,  or  whose  sentence 
has  been  remitted  on  condition  of  their  emigration,  and 
women  "  imported  for  the  purposes  of  prostitution." 

Every  vessel  arriving  in  the  United  States  may  be  in- 
spected under  the  direction  of  the  collector  of  the  port  at 
which  it  arrives,  if  he  shall  have  reason  to  believe  that  any 
such  obnoxious  persons  are  on  board;  and  theofiQcer  mak- 
ing such  inspection  shall  certify  the  result  thereof  to  the 
master  or  other  person  in  charge  of  such  vessel,  designat- 
ing in  such  certificate  the  person  or  persons,  if  any  there 
be,  ascertained  by  him  to  be  of  either  of  the  classes  whose 
imj^ortation  is  hereby  forbidden. 

When  such  inspection  is  required  by  the  collector  as 
aforesaid,  it  shall  be  unlawful,  without  his  permission,  for 
any  alien  to  leave  any  such  vessel  arriving  in  the  United 
States  from  a  foreign  country  until  the  inspection  shall 
have  been  had  and  the  result  certified  as  herein  provided. 

And  at  no  time  thereafter  shall  any  alien  certified  to  by 
the  inspecting  officer  as  being  of  eitber  of  the  classes  whose 
immigration  is  forbidden  by  this  section,  be  allowed  to 
land  in  the  United  States,  except  in  obedience  to  a  judicial 
process  issued  pursuant  to  law. 

If  any  person  shall  feel  aggrieved  by  the  certificate  of 
such  inspecting  officer  stating  him  or  her  to  be  within 
either  of  the  classes  whose  immigration  is  forbidden  by 
this  section,  and  shall  apply  for  release  or  other  remedy  to 
any  proper  court  or  judge,  then  it  shall  be  the  duty  of  the 
collector  at  said  port  of  entry  to  detain  said  vessel  until  a 
hearing  and  determination  of  the  matter  are  had,  to  the 
end  that  if  the  said  inspector  shall  be  found  to  be  in  accord- 
ance with  this  section  and  sustained,  the  obnoxious  person 
or  persons  shall  be  returned  on  board  of  said  vessel,  and 
shall  not  thereafter  be  permitted  to  land,  unless  the  master, 
owner,  or  consignee  of  the  vessel  shall  give  bond  and  secur- 
ity, to  be  approved  by  the  court  or  judge  hearing  the  cause, 
in  the  sum  of  five  hundred  dollars  for  each  such  person 
permitted  to  land,  conditioned  for  the  return  of  such  per- 
son, within  six  months  from  the  date  thereof,  to  the  coun- 
try whence  his  or  her  emigration  shall  have  taken  place, 
or  unless  the  vessel  bringing  such  obnoxious  person  or  per- 
sons shall  be  forfeited,  in  which  event  the  proceeds  of  such 
forfeiture  shall  be  paid  over  to  the  collector  of  the  port  of 
arrival,  and  apj)lied  by  him,  as  far  as  necessary,  to  the 
return  of  such  person  or  persons  to  his  or  her  own  country 
within  the  said  period  of  six  months. 


PART    XXVI. — IMMIGRATION.  '2G3 

And  for  all  violations  of  this  act,  the  vessel,  by  the  acts, 
omissions,  or  connivance  of  the  owners,  niaster,  or  other 
custodian,  or  the  consignees  of  wliich  the  same  are  commit- 
ted, shall  be  liable  to  forfeiture,  and  may  be  proceeded 
against  as  in  cases  of  fraud  against  the  revenue  laws,  for 
which  forfeiture  is  prescribed  by  existing  law. 

316.  Posting  of  laws. 

All  steamship  or  transportation  companies,  and  other  Mar.  3,1893. 
owners  of  vessels,  regularly  engaged  in  transporting  alien  sec.s. 
immigrants  to  the  United  States,  shall  twice  a  year  lile  a 
certificate  with  the  Secretary  of  the  Treasury  that  they  have 
furnished  to  be  kept  conspicuously  exposed  to  view  in  the 
office  of  each  of  their  agents  in  foreign  countries  authorized 
to  sell  emigrant  tickets,  a  copy  of  the  law  of  March  third, 
eighteen  hundred  and  ninety-oue,  and  of  all  subsequent 
laws  of  this  country  relative  to  immigration,  printed  in  large 
letters,  in  the  language  of  the  country  where  the  copy  of 
the  law  is  to  be  exposed  to  view,  and  that  they  have 
instructed  their  agents  to  call  the  attention  thereto  of  per- 
sons contemplating  emigration  before  selling  tickets  to 
them;  and  in  case  of  the  failure  for  sixty  days  of  any  such 
company  or  any  such  owners  to  file  such  a  certificate,  or  in 
case  they  file  a  false  certificate,  they  shall  pay  a  fine  of  not 
exceeding  five  hundred  dollars,  to  be  recovered  in  the 
proper  United  States  court,  and  said  fine  shall  also  be  a 
lieu  upon  any  vessel  of  said  company  or  owners  found 
within  the  United  States. 

317.  Miscellaneous  provisions. 

Until  the  provisions  of  section  one,  chapter  three  hun-  J"ne  26,  i884. 
dred  and  seventy-six,  of  the  laws  of  eighteen  hundred  and  sec.22. 
eighty-two,  shall  be  made  applicable  to  passengers  coming 
into  the  United  States  by  land  carriage,  said  provisions 
shall  not  apply  to  passengers  coming  by  vessels  employed 
exclusively  in  the  trade  between  the  ports  of  the  United 
States  and  the  ports  of  the  Dominion  of  Canada  or  the  ports 
of  Mexico. 

The  importation  into  the  United  States  of  women  for  the  ^i^r.  3, 1875. 
purposes  of  prostitution  is  hereby  forbidden ;  and  all  con-  ^'^^■^■ 
tracts  and  agreements  in  relation  thereto,  made  in  advance 
or  in  pursuance  of  such  illegal  importation  and  purposes, 
are  hereby  declared  void ;  and  whoever  shall  knowingly  and 
willfully  import,  or  cause  any  importation  of,  women  into 
the  United  States  for  the  purposes  of  prostitution,  or  shall 
knowingly  or  willfully  hold,  or  attempt  to  hold,  any  woman 
to  such  purposes,  in  pursuance  of  such  illegal  importation 
and  contract  or  agreement,  shall  be  deemed  guilty  of  a  fel- 
ony, and,  on  conviction  thereof,  shall  be  imprisoned  not 
exceeding  five  years  and  pay  a  fine  not  exceeding  five 
thousand  dollars. 

For  the  preservation  of  the  peace  and  in  order  that    ^^"r.  3,  i89i. 
arrests  may  be  made  for  crimes  under  the  laws  of  the  States    ^*^^''  ^ 
where  the  various  United  States  immigrant  stations  are 


264  PART    XXVI. IMMIGRATION. 

located,  the  officials  in  charge  of  such  stations  as  occasion 
may  require  shall  admit  therein  the  proper  State  and 
municipal  officers  charged  with  the  enforcement  of  such 
laws,  and  for  the  purposes  of  this  section  the  jurisdiction 
of  such  officers  and  of  the  local  courts  shall  extend  over 
such  stations. 

Mar.  3, 1891.         Nothiiig  Contained  in  this  act  shall  be  construed  to  affect 

Sec.  12.  ^^y  prosecution   or  other  proceeding,  criminal  or  civil, 

begun  under  any  existiug  act  or  any  acts  hereby  amended, 

but  such  prosecution  or  other  proceedings,  criminal  or  civil, 

shall  proceed  as  if  this  act  had  not  been  passed. 

Sec.  13.  The  circuit  and  district  courts  of  the  United  States  are 

hereby  invested  with  fall  and  concurrent  jurisdiction  of  all 
causes,  civil  and  criminal,  arising  under  any  of  the  pro- 
visions of  this  act. 
Mar. 3, 1893.         All  exclusivc  privileges  of  exchanging  money,  transport- 
sec.9.  jj^g  passengers  or  baggage,  or  keeping  eating  houses,  and 

all  other  like  privileges  in  connection  with  the  Ellis  Island 
immigrant  station,  shall  be  disposed  of  after  public  compe- 
tition, subject  to  such  conditions  and  limitations  as  the 
Secretary  of  the  Treasury  may  prescribe. 

Sec.  10.  This  act  shall  not  apply  to  Chinese  persons. 


Part  XXVII.— CHINESE  IMMIGRATION. 


318.  Act  of  May  5,  1892,  as  amended  No-     320.  Act   of  May   6,    1882,    as  amended 


veinber  3,  1893. 
319.  Act    of     September    13,    1888,    aa 
amended  October  1,  1888. 


July  5,  1884. 
321.  Revised  Statutes,  as  amended  March 
3,  1875. 


318.  Act  of  May  5,  1892.  as  amended  November  3,  1893. 

All  laws  now  in  force  proliibiting  and  regulating  the    ^'"ys,  i892. 
coming  into  this  country  of  Chinese  persons  and  persons 
of  Chinese  descent  are  hereby  continued  in  force  for  a 
period  of  ten  years  from  the  passage  of  this  act. 

Any  Chinese  person  or  person  of  Chinese  descent,  when  sec-2 
convicted  and  adjudged  under  any  of  said  laws  to  be  not 
lawfully  entitled  to  be  or  remain  in  the  United  States,  shall 
be  removed  from  the  United  States  to  China,  unless  he  or 
they  shall  make  it  appear  to  the  justice,  judge,  or  commis- 
sioner before  whom  he  or  they  are  tried  that  he  or  they  are 
subjects  or  citizens  of  some  other  country,  in  which  case  he 
or  they  shall  be  removed  from  the  United  States  to  such 
country:  Provided,  That  in  any  case  where  such  other 
country  of  which  such  Chinese  person  shall  claim  to  be  a 
citizen  or  subject  shall  demand  any  tax  as  a  condition  of 
the  removal  of  such  person  to  that  country,  he  or  she  shall 
be  removed  to  China. 

Any  Chinese  ]>erson  or  person  of  Chinese  descent  arrested  see.  3. 
under  the  provisions  of  this  act  or  the  acts  hereby  extended 
shall  be  adjudged  to  be  unlawfully  within  the  United  States 
unless  such  person  shall  establish,  by  affirmative  proof,  to 
the  satisfaction  of  such  justice,  judge,  or  commissioner,  his 
lawful  right  to  remain  in  the  United  States. 

Any  such  Chinese  person  or  person  of  Chinese  descent    sec.  4. 
convicted  and  adjudged  to  be  not  lawfully  entitled  to  be  or 
remain  in  the  United  States  shall  be  imprisoned  at  hard 
labor  for  a  period  of  not  exceeding  one  year  and  thereafter 
removed  from  the  United  States,  as  hereinbefore  provided. 

After  the  passage  of  this  act  on  an  application  to  any  see.  5. 
judge  or  court  of  the  United  States  in  the  first  instance  for 
a  writ  of  habeas  corpus,  by  a  Chinese  person  seeking  to 
land  in  the  United  States,  to  whom  that  privilege  has  been 
denied,  no  bail  shall  be  allowed,  and  such  application  shall 
be  heard  and  determined  promptly  without  unnecessary 
delay. 

265 


266  PART   XXVII. CHINESE    IMMIGRATION. 


Sec.  ]■ 


Sec.  6.  It  shall  be  the  duty  of  all  Chinese  laborers  within  the 

Nov. 3, 1893.  limits  of  the  United  States  who  were  entitled  to  remain  in 
the  United  States  before  the  passage  of  the  act  to  which 
this  is  an  amendment  to  apply  to  the  collector  of  internal 
revenue  of  their  respective  districts  within  six  months 
after  the  passage  of  this  act  for  a  certificate  of  residence; 
and  any  Chinese  laborer  within  the  limits  of  the  United 
States  who  shall  neglect,  fail,  or  refuse  to  comply  with  the 
provisions  of  this  act  and  the  act  to  whicli  this  is  an  amend- 
ment, or  who,  after  the  expiration  of  said  six  months,  shall 
be  found  within  the  jurisdiction  of  the  United  States  with- 
out such  certificate  of  residence,  shall  be  deemed  and 
adjudged  to  be  unlawfully  within  the  United  States,  and 
may  be  arrested  by  any  United  States  customs  official, 
collector  of  internal  revenue  or  his  deputies,  United  States 
marshal  or  his  deputies,  and  taken  before  a  United 
States  judge,  whose  duty  it  shall  be  to  order  that  he  be 
deported  from  the  United  States,  as  provided  in  this  act 
and  in  the  act  to  which  this  is  an  amendment,  unless  he 
shall  establish  clearly  to  the  satisfaction  of  said  judge 
that  by  reason  of  accident,  sickness,  or  other  unavoidable 
cause  he  has  been  unable  to  procure  his  certificate,  and  to 
the  satisfaction  of  said  United  States  judge,  and  by  at 
least  one  credible  witness  other  than  Chinese,  that  he  was 
a  resident  of  the  United  States  on  the  fifth  of  May,  eight- 
een hundred  and  ninety-two;  and  if,  ufton  the  hearing,  it 
shall  appear  that  he  is  so  entitled  to  a  certificate,  it  shall 
be  granted  upon  his  paying  the  cost.  Should  it  appear 
that  said  Chinaman  had  procured  a  certificate  which  has 
been  lost  or  destroyed,  he  shall  be  detained  and  judgment 
suspended  a  reasonable  time  to  enable  him  to  procure  a 
duplicate  from  the  officer  granting  it,  and  in  such  cases  the 
cost  of  said  arrest  and  trial  shall  be  in  the  discretion  of  the 
court;  and  any  Chinese  person,  other  than  a  Chinese 
laborer,  having  a  right  to  be  and  remain  in  the  United 
States,  desiring  such  certificate  as  evidence  of  such  right, 
may  apply  for  and  receive  the  same  without  charge;  and 
that  no  proceedings  for  a  violation  of  the  provisions  of  said 
section  six  of  said  act  of  May  fifth,  eighteen  hundred  and 
ninety-two,  as  originally  enacted,  shall  hereafter  be  insti- 
tuted, and  that  all  proceedings  for  said  violation  now  pend- 
ing are  hereby  discontinued:  rrovidedj  That  no  Chinese 
person  heretolore  convicted  in  any  court  of  the  States  or 
Territories  or  of  the  United  States  of  a  felony  shall  be  per- 
mitted to  register  under  the  provisions  of  this  act;  but  all 
such  persons  who  are  now  subject  to  deportation  for  failure 
or  refusal  to  comply  with  the  act  to  which  this  is  an  amend- 
ment shall  be  deported  from  the  United  States  as  in  said 
act  and  in  this  act  provided,  upon  any  appropriate  pro- 
ceedings now  pending  or  which  may  be  hereafter  instituted. 

Sec. 2.  The  words   "laborer"  or  "laborers,"'  wherever  used  in 

this  act,  or  in  the  act  to  which  this  is  an  amendment,  shall 
be  construed  to  mean  both  skilled  and  unskilled  manual 
laborers,  including  Chinese  employed  in  mining,  fishing, 
huckstering,  peddling,  laundrymen,  or  those  engaged  in 


PART    XXVII.— CHINESE    IMMIGRATION.  2G7 

taking",  drying"  or  otherwise  preserving  shell  or  other  lish 
for  Lome  consumption  or  exportation. 

The  term  "merchant",  as  employed  lierein  and  in  the 
acts  of  whicli  tliis  is  amendatory,  shall  have  the  following 
meaning  and  none  other:  A  merchant  is  a  i)erson  engaged 
in  buying  and  selling  merchandise,  at  a  lixed  place  of  busi- 
ness, which  business  is  conducted  in  his  name,  and  who 
during  tlie  time  he  claims  to  be  engaged  as  a  menjhant, 
does  not  engage  in  the  performance  of  any  manual  labor, 
except  such  as  is  necessary  in  the  conduct  of  his  business 
as  such  merchant. 

Where  an  ap[)lication  is  made  by  a  Chinaman  for  entrance 
into  the  United  States  on  the  ground  that  he  was  fornaerly 
engaged  in  this  country  as  a  merchant,  he  shall  establish 
by  the  testimony  of  two  credible  witnesses  other  than 
Chinese  the  fact  that  he  conducted  such  business  as  here- 
inbefore defined  for  at  least  one  year  before  his  departure 
from  the  United  States,  and  that  during  such  year  he  was 
not  engaged  in  the  performance  of  any  manual  labor,  except 
such  as  was  necessary  in  the  conduct  of  his  business  as 
such  merchant,  and  in  default  of  such  proof  shall  be  refused 
landing. 

Such  order  of  deportation  shall  be  executed  by  the  United 
States  Marshal  of  the  district  within  which  such  order  is 
made,  and  he  shall  execute  the  same  with  all  convenient 
dispatch;  and  pending  the  execution  of  such  order  such 
Chinese  person  shall  remain  in  the  custody  of  the  United 
States  Marshal,  and  shall  not  be  admitted  to  bail. 

The  certificate  herein  provided  for  shall  contain  the  pho- 
tograi)h  of  the  applicant,  together  with  his  name,  local  resi- 
dence and  occupation,  and  a  copy  of  such  certificate,  with  a 
duplicate  of  such  photograph  attached,  shall  be  filed  in  the 
office  of  the  United  States  Collector  of  Internal  lievenue 
of  the  district  in  which  such  Chinaman  makes  application. 

Such  photographs  in  duplicate  shall  be  furnished  by  each 
applicant  in  such  form  as  may  be  prescribed  by  the  Secre- 
tary of  the  Treasury. 

Immediately  after  the  passage  of  this  act,  the  Secretary  Mays.isga. 
of  the  Treasury  shall  make  such  rules  and  regulations  as  ^^''^'^^ 
may  be  necessary  for  the  efficient  execution  of  this  act, 
and  shall  prescribe  the  necessary  forms  and  furnish  the 
necessary  blanks  to  enable  collectors  of  internal  revenue 
to  issue  the  certificates  required  hereby,  and  make  such  pro- 
visions that  certificates  may  be  procured  in  localities  con- 
venient to  the  applicant.  Such  certificates  shall  be  issued 
without  charge  to  the  applicant,  and  shall  contain  the  name, 
age,  local  residence  and  occupation  of  the  applicant,  and 
such  other  description  of  the  a])plicant  as  shall  be  pre- 
scribed by  the  Secretary  of  the  Treasury,  and  a  duplicate 
thereof  shall  be  filed  in  the  office  of  the  collector  of  internal 
revenue  for  the  district  within  which  such  Chinaman  makes 
application. 

Any  person  who  shall  knowingly  and  falsely  alter  or  sub-    Sec.s. 
stitute  any  name  for  the  name  written  in  such  certificate 
or  forge  such  certificate,  or  knowingly  utter  any  forged  or 


268  PART    XXVII. CHINESE    IMMIGRATION. 

fraudulent  certificate,  or  falsely  personate  any  person  named 
in  such  certificate,  shall  be  j?ailty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  exceed- 
ing one  thousand  dollars  or  imprisoned  in  the  penitentiary 
for  a  term  of  not  more  than  five  years. 

Sec. 9.  The  Secretary  of  the  Treasury  may  authorize  the  pay- 

ment of  such  compensation  in  the  nature  of  fees  to  the  col- 
lectors of  internal  revenue,  for  services  i)erformed  under 
the  provisions  of  this  act  in  addition  to  salaries  now 
allowed  by  law,  as  he  shall  deem  necessary,  not  exceeding 
the  sum  of  one  dollar  for  each  certificate  issued. 

319.  Act  of  September  13,  1888,  as  amended  October  1,  1888. 

[Note. — The  Treasury  Department  has  never  promul- 
gated this  law  on  account  of  the  fiiilure  to  ratify  treaty, 
but  the  Federal  courts  have  held  that  certain  portions  of 
the  act  are  in  force.  Those  i)ortions  of  the  act  declared  by 
the  courts  to  be  void  are  omitted.] 
Sept.  13, 1888.  The  provisions  of  this  act  shall  apply  to  all  persons  of 
Sec.  3.  ^j^g  Chinese  race,  whether  subjects  of  China  or  other  foreign 

power,  excepting  Chinese  diplomatic  or  consular  ofiicers 
and  their  attendants;  and  the  words  "Chinese  laborers," 
whenever  used  in  this  act,  shall  be  construed  to  mean  both 
skilled  and  unskilled  laborers  and  Chinese  employed  in 
mining. 

Sec. 5.  From  and  after  the  passage   of  this   act,   no  Chinese 

laborer  in  the  United  States  shall  be  permitted,  after  hav- 
ing left,  to  return  thereto,  except  under  the  conditions 
stated  in  the  following  sections. 

Sec. 6.  No  Chinese  laborer  within  the  purview  of  the  j)receding 

section  shall  be  j)ermitted  to  return  to  the  United  States 
unless  he  has  a  lawful  wife,  child,  or  parent  in  the  United 
States,  or  property  therein  of  the  value  of  one  thousand 
dollars,  or  debts  of  like  amount  due  him  and  i>ending  set- 
tlement. The  marriage  to  such  wife  must  have  taken  place 
at  least  a  year  prior  to  the  application  of  the  laborer  for 
a  permit  to  return  to  the  United  States,  and  must  have 
been  followed  by  the  continuous  cohabitation  of  the  right 
parties  as  man  and  wife.  If  the  right  to  return  be  claimed 
on  the  ground  of  property  or  of  debts,  it  must  appear  that 
the  property  is  bona  fide  and  not  colorably  acquired  for 
the  purpose  of  evading  this  act,  or  that  the  debts  are  unas- 
certained and  unsettled,  and  not  promissory  notes  or  other 
similar  acknowledgments  of  ascertained  liability. 

Sec. 7.  A  Chinese  person  claiming  the  right  to  be  permitted  to 

leave  the  United  States  and  return  thereto  on  any  of  the 
grounds  stated  in  the  foregoing  section,  shall  apply  to  the 
collector  of  customs  of  the  district  from  which  he  wishes  to 
depart  at  least  a  month  prior  to  the  time  of  his  departure, 
and  shall  make  on  oath  before  the  said  collector  a  full  state- 
ment descriptive  of  his  family,  or  property,  or  debts,  as  the 
case  may  be,  and  shall  furnish  to  said  collector  such  proofs 
of  the  facts  entitling  him  to  return  as  sliall  be  required  by 
the  rules  and  regulations  prescribed  from  time  to  time  by 


PART    XXVII. — CHINESE    IMMIGRATION.  269 

the  Secretary  of  the  Treasury,  and  for  any  false  swearing  in 
relation  thereto  he  shall  incur  the  penalties  of  perjury,  lie 
shall  also  permit  the  collector  to  take  a  full  description  of 
his  person,  which  description  the  collector  shall  retain  and 
mark  with  a  number. 

And  if  the  collector,  after  hearing  the  proofs  and  investi- 
gating all  the  circnmstances  of  the  ca«e,  shall  decide  to 
issue  a  certificate  of  return,  he  shall  at  such  time,  and  place 
as  he  may  designate,  sign  and  give  to  tlie  person  applying 
a  certiticate  containing  the  number  of  the  descrii)tion  last 
aforesaid,  which  shall  be  the  sole  evidence  given  to  such 
person  of  his  right  to  return.  If  this  last  named  certificate 
be  transferred,  it  shall  become  void,  and  the  person  to 
whom  it  was  given  shall  forfeit  his  right  to  return  to  the 
United  States. 

The  right  to  return  under  the  said  certificate  shall  be 
limited  to  one  year;  but  it  may  be  extended  for  an  addi- 
tional period,  not  to  exceed  a  year,  in  cases  where,  by  rea- 
son of  sickness  or  other  cause  of  disability  beyond  his 
control,  the  holder  thereof  shall  be  rendered  unable  sooner 
to  return,  which  facts  shall  be  fully  reported  to  and  inves- 
tigated by  the  consular  representative  of  the  United  States 
at  the  port  or  place  from  which  such  laborer  departs  for 
the  United  States,  and  certified  by  such  representative  of 
the  United  States  to  the  satisfaction  of  the  collector  of  cus- 
toms at  the  port  where  such  Chinese  person  shall  seek  to 
land  in  the  United  States,  such  certificate  to  be  delivered 
by  said  representative  to  the  master  of  the  vessel  on  which 
he  departs  for  the  United  States. 

And  no  Chinese  laborer  shall  be  permitted  to  re-enter  the 
United  States  without  ])rodu<'ing  to  the  proper  ofiticer  of 
the  customs  at  the  port  of  such  entry  the  return  certificate 
herein  required. 

A  Chinese  laborer  possessing  a  certiticate  under  this  sec- 
tion shall  be  admitted  to  the  United  States  only  at  the  port 
from  which  he  departed  therefrom,  and  no  Chinese  person, 
except  Chinese  diplomatic  or  consular  officers,  and  their 
attendants,  shall  be  permitted  to  enter  the  United  States 
except  at  the  ports  of  San  Francisco,  Portland,  Oregon, 
Boston,  New  York,  New  Orleans,  Port  Townsend,  or  such 
other  ports  as  may  be  designated  by  the  Secretary  of  the 
Treasury. 

The  Secretary  of  the  Treasury  shall  be,  and  he  hereby  sec.s. 
is,  authorized  and  empowered  to  make  and  prescribe,  and 
frmn  time  to  time  to  change  and  amend  such  rules  and 
regulations,  not  in  conflict  with  this  act,  as  he  may  deem 
necessary  and  proper  to  conveniently  secure  to  such 
Chinese  persons  as  are  provided  for  in  articles  second  and 
third  of  the  said  treaty  between  the  United  States  and  the 
Empire  of  China,  the  rights  therein  mentioned,  and  such 
as  shall  also  protect  the  United  States  against  the  coming 
and  transit  of  persons  not  entitled  to  the  benefit  of  the 
provisions  of  said  articles. 

And  he  is  hereby  further  authorized  and  empowered  to 
prescribe  the  form  and  substance  of  certificates  to  be  is- 
sued to  Chinese  laborers  under  and  in  pursuance  of  the 


270  PART    XXVII. CHINESE    IMMIGRATION. 

provisions  of  said  articles,  and  prescribe  the  form  of  the 
record  of  such  certificate  and  of  the  proceedings  for  issu- 
ing the  same,  and  he  may  require  the  deposit,  as  a  part  of 
such  record,  of  the  photograph  of  the  party  to  whom  any 
such  certificate  shall  be  issued. 

Sec. 9.  The  master  of  any  vessel  who  shall  knowingly  bring 

within  the  United  States  on  such  vessel,  and  land,  or 
attempt  to  land,  or  permit  to  be  landed  any  Chinese  laborer 
or  other  Chinese  person,  in  contravention  of  the  provisions 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and, 
on  conviction  thereof,  shall  be  punished  with  a  fine  of  not 
less  than  five  hundred  dollars  nor  more  than  one  thousand 
dollars,  in  the  discretion  of  the  court,  for  every  Chinese 
laborer  or  other  Chinese  person  so  brought,  and  may  also 
be  imprisoned  for  a  term  of  not  less  than  one  year,  nor 
more  than  five  years,  in  the  discretion  of  the  court. 

Sec.  10.  The  foregoing  section  shall  not  apply  to  the  case  of  any 

master  whose  vessel  shall  come  within  the  jurisdiction  of 
the  United  States  in  distress  or  under  stress  of  weather,  or 
touching  at  any  port  of  the  United  States  on  its  voyage  to 
any  foreign  i)ort  or  place.  But  Chinese  laborers  or  persons 
on  such  vessels  shall  not  be  permitted  to  land,  except  in 
case  of  necessity,  and  must  depart  with  the  vessel  on  leav- 
ing port. 

Sec.  11.  Any  person  who  shall  knowingly  and  falsely  alter  or  sub- 

stitute any  name  for  the  name  written  in  any  certificate 
herein  required,  or  forge  such  certificate,  or  knowingly  utter 
any  forged  or  fraudulent  certificate,  or  falsely  personate 
any  person  named  in  any  such  certificate,  and  any  person 
other  than  the  one  to  whom  a  certificate  was  issued  who 
shall  falsely  present  any  such  certificate,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  exceeding  one  thousand  dollars,  and 
imprisoned  in  a  penitentiary  for  a  term  of  not  more  than 
five  years. 

Sec.i2.  Before  any  Chinese  passengers  are  landed  from  any  such 

vessel,  the  collector  or  his  deputy,  shall  jjroceed  to  examine 
such  passengers,  comparing  the  certificates  with  the  list 
and  with  the  passengers;  and  no  i^assenger  shall  be  allowed 
to  land  in  the  United  States  from  such  vessel  in  violation  of 
law;  and  the  collector  shall  in  person  decide  all  questions 
in  dispute  with  regard  to  the  right  of  any  Chinese  passenger 
to  enter  the  United  States,  and  his  decision  shall  be  sub- 
ject to  review  by  the  Secretary  of  the  Treasury,  and  not 
otherwise. 

Sec.  13.  Any  Chinese  person,  or  person  of  Chinese  descent,  found 

unlawfully  in  the  United  States,  or  its  Territories,  may  be 
arrested  upon  a  warrant  issued  upon  a  com])laiut,  under 
oath,  filed  by  any  party  on  behalf  of  the  United  States,  by 
any  justice,  judge,  or  commissioner  of  any  United  States 
court,  returnable  before  any  justice,  judge,  or  commis- 
sioner of  a  United  States  court,  or  before  any  United  States 
court,  and  when  convicted,  upon  a  hearing,  and  found  and 
adjudged  to  be  one  not  lawfully  entitled  to  be  or  remain  in 


PART    XXVII. CHINESE    IMMIGRATION.  271 

the  Uuitecl  States,  such  person  shall  be  removed  from  the 
United  States  to  the  country  whence  he  came. 

But  any  such  Chinese  person  convicted  before  a  commis- 
sioner of  a  United  States  court  may,  within  ten  days  from 
such  conviction,  appeal  to  the  Judge  of  the  district  court 
for  the  district. 

A  certified  copy  of  the  judgment  shall  be  the  process 
upon  which  said  removal  shall  be  made,  and  it  may  be 
executed  by  the  marshal  of  the  district,  or  any  oilicer  hav- 
ing authority  of  a  marshal  under  the  provisions  of  this 
section. 

And  in  all  such  cases  the  person  who  brought  or  aided 
in  bringing  such  person  into  the  United  States  shall  be 
liable  to  the  Government  of  the  United  States  for  all  neces- 
sary expenses  incurred  in  such  investigation  and  removal; 
and  all  peace  officers  of  the  several  States  and  Territories 
of  the  United  States  are  hereby  invested  with  the  same 
authority  in  reference  to  carrying  out  the  provisions  of  this 
act,  as  a  marshal  or  deputy  marshal  of  the  United  States, 
and  shall  be  entitled  to  like  compensation,  to  be  audited 
and  paid  by  the  same  officers. 

The  preceding  sections  shall  not  apply  to  Chinese  diplo-    sec.  i4. 
matic  or  consular  officers  or  their  attendants,  who  shall  be 
admitted  to  the  United  States  under  special  instructions 
of  the  Treasury  Department,  without  production  of  other 
evidence  than  that  of  personal  identity. 

From  and  after  the  passage  of  this  act,  it  shall  be  unlaw-  oct.  i,  isss. 
ful  for  any  Chinese  laborer  who  shall  at  any  time  heretofore 
have  been,  or  who  may  now  or  hereafter  be,  a  resident 
within  the  United  States,  and  who  shall  have  departed,  or 
shall  depart,  therefrom,  and  shall  not  have  returned  before 
the  passage  of  this  act,  to  return  to,  or  remain  in,  the 
United  States. 

No  certificates  of  identity  provided  for  in  the  fourth  and  Sec.2. 
fifth  sections  of  the  act  to  which  this  is  a  supplement  shall 
hereafter  be  issued;  and  every  certificate  heretofore  issued 
in  ])ursuance  thereof,  is  hereby  declared  void  and  of  no 
effect,  and  the  Chinese  laborer  claiming  admission  by  virtue 
thereof  shall  not  be  permitted  to  enter  the  United  States. 

All  the  duties  prescribed,  liabilities  penalties  and  forfei-    sec.3. 
tures  imposed,  and  the  i)Owers  conferred  by  the  second, 
tenth,  eleventh,  and  twelfth  sections  of  the  act  to  which 
this  is  a  supplement  are  hereby  extended  and  made  ai)pli- 
cable  to  the  provisions  of  this  act. 

All  such  part  or  parts  of  the  act  to  which  this  is  a  sup-    Sec-4. 
plement  as  are  inconsistent  herewith  are  hereby  repealed. 

320.  Act  of  May  6,  1882,  as  amended  July  5,  1884. 

From  and  after  the  passage  of  this  act,  and  until  the  ex-    J"'y  •''•  ^^s*- 
piration  of  ten  years  next  after  the  passage  of  this  act,  the 
coming  of  Chinese  laborers  to  the  Tuited  States  be,  and 
the  same  is  hereby,  sus])ended,  and  during  such  susi)ension 
it  shall  not  be  lawful  for  any  Chinese  laborer  to  come  from 


272  PART    XXVII. CHINESE    IMMIGRATION. 

any  foreign  port  or  place,  or  having  so  come  to  remain 
within  the  United  States. 

Sec.  2.  The  master  of  any  vessel  who  shall  knowingly  bring  within 

the  United  States  on  such  vessel,  and  land,  or  attempt  to 
land,  or  permit  to  be  landed  any  Chinese  laborer,  from  any 
foreign  port  or  place,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  punished  by  a 
tine  of  not  more  than  five  hundred  dollars  for  each  and 
every  such  Chinese  laborer  so  brought,  and  may  also  be 
imprisoned  for  a  term  not  exceeding  one  year. 

Sec. 3.  The  two  foregoing  sections  shall  not  apply  to  Chinese 

laborers  who  were  in  the  United  States  on  the  seventeenth 
day  of  November,  eighteen  hundred  and  eighty,  or  who 
shall  have  come  into  the  same  before  the  exj)iration  of 
ninety  days  next  after  the  passage  of  the  act  to  which  this 
act  is  amendatory,  nor  shall  said  sections  apply  to  Chinese 
laborers,  who  shall  produce  to  such  master  before  going  on 
board  such  vessel,  and  shall  produce  to  the  collector  of  the 
port  in  the  United  States  at  which  such  vessel  shall  arrive, 
the  evidence  hereinafter  in  this  act  required  of  his  being 
one  of  the  laborers  in  this  section  mentioned; 

Nor  shall  the  two  foregoing  sections  apply  to  the  case  of 
any  master  whose  vessel,  being  bound  to  a  port  not  within 
the  United  States,  shall  come  within  the  jurisdiction  of  the 
United  States  by  reason  of  being  in  distress  or  in  stress  of 
weather,  or  touching  at  any  port  of  the  United  States  on 
its  voyage  to  any  foreign  port  or  place: 

Provided:  That  all  Chinese  laborers  brought  on  such 
vessel  shall  not  be  permitted  to  land  except  in  case  of 
absolute  necessity,  and  must  depart  with  the  vessel  on 
leaving  port. 

Sec. 4.  For  the  purpose  of  properly  identifying  Chinese  laborers 

who  were  in  the  United  States  on  the  seventeenth  day  of 
November,  eighteen  hundred  and  eighty,  or  who  shall  have 
come  into  the  same  before  the  expiration  of  ninety  days 
next  after  the  passage  of  the  act  to  which  this  act  is  amend- 
atory, and  in  order  to  furnish  them  with  the  proper  evidence 
of  their  right  to  go  from  and  come  to  the  United  States  as 
provided  by  the  said  act  and  the  treaty  between  the  United 
States  and  China  dated  November  seventeenth,  eighteen 
hundred  and  eighty,  the  collector  of  customs  of  the  district 
from  which  any  such  Chinese  laborer  shall  depart  from  the 
United  States  shall,  in  person  or  by  deputy,  go  on  board 
each  vessel  having  on  board  any  such  Chinese  laborer,  and 
cleared  or  about  to  sail  from  his  district  for  a  foreign  port, 
and  on  such  vessel  make  a  list  of  all  such  Chinese  labor- 
ers, which  shall  be  entered  in  registry-books,  to  be  kept 
for  that  purpose  in  which  shall  be  stated  the  individual, 
family,  and  tribal  name  in  full,  the  age,  occupation,  when 
and  where  followed,  last  place  of  residence,  physical  marks 
or  pecuharities,  and  all  facts  necessary  foi  the  identifica- 
tion of  each  of  such  Chinese  laborers,  which  books  shall  be 
safely  kept  in  the  custom-house; 

And  every  such  Chinese  laborer  so  departing  from  the 
United  States  shall  be  entitled  to  and  shall  receive,  free  of 


PART   XXVII. CHINESE    IMMIGRATION.  273 

any  cliarj;c  or  cost  upon  application  therefor,  Crom  the  col- 
lector or  his  deputy,  in  the  name  of  said  collector  and 
attested  by  said  collector's  seal  of  office,  at  the  time  such 
list  is  taken,  a  certilicate,  signed  by  the  collector  or  his 
deputy  and  attested  by  his  seal  of  office,  in  such  form  as 
the  Secretary  of  the  Treasury  shall  prescribe,  M^hich  certift- 
cate  shall  contain  a  statement  of  the  individual,  family, 
and  tribal  name  in  full,  age,  occupation,  when  and  where 
followed,  of  the  Chinese  laborer  to  whom  the  certilicate  is 
issued,  corresponding  with  the  said  list  and  registry  in  all 
particulars. 

In  case  any  Chinese  laborer,  after  having  received  such 
certificate,  shall  leave  such  vessel  before  her  departure,  he 
shall  deliver  his  certilicate  to  the  master  of  the  vessel ;  and 
if  such  Chinese  laborer  shall  fail  to  return  to  such  vessel 
before  her  departure  from  port,  the  certificate  shall  be  deliv- 
ered by  the  master  to  the  collector  of  customs  for  cancel- 
lation. 

The  certificate  herein  provided  for  shall  en  title  the  Chinese 
laborer  to  whom  the  same  is  issued  to  return  to  and  re-enter 
the  United  States  upon  producing  and  delivering  the  same 
to  the  collector  of  customs  of  the  district  at  which  such 
Chiuese  laborer  shall  seek  to  re  enter,  and  said  certificate 
shall  be  the  only  evidence  permissible  to  establish  his  right 
of  reentry ;  and  upon  delivering  of  such  certificate  by  such 
Chinese  laborer  to  the  collector  of  customs  at  the  time  of 
re-entry  in  the  United  States,  said  collector  shall  cause  the 
same  to  be  filed  in  the  custom  house  and  duly  canceled. 

In  order  to  the  faithful  execution  of  the  provisions  of  this  Sec.c. 
act,  every  Chinese  person,  other  than  a  laborer,  who  may  be 
entitled  by  said  treaty  or  this  act  to  come  within  the  United 
States,  and  who  shall  be  about  to  come  to  the  United  States, 
shall  obtain  the  permission  of  and  be  identified  as  so  entitled 
by  the  Chinese  Government,  or  of  such  other  foreign  Gov- 
ernment of  which  at  the  time  such  Chinese  person  shall  be 
a  subject,  in  each  case  to  be  evidenced  by  a  certificate  issued 
by  such  Government,  which  certificate  shall  be  in  the  Eng- 
lish language,  and  shall  show  such  permission,  with  the  name 
of  the  permitted  person  in  his  or  her  proper  signature,  and 
which  certificate  shall  state  the  individual,  family,  and  tribal 
name  in  full,  title  or  official  rank,  if  any,  the  age,  height,  and 
all  physical  peculiarities,  former  and  present  occupation  or 
profession,  when  and  where  and  how  long  pursued,  and 
place  of  residence  of  the  person  to  whom  the  certificate  is 
issued,  and  that  such  person  is  entitled  by  this  act  to  come 
within  the  United  States. 

If  the  person  so  applying  for  a  certificate  shall  be  a  mer- 
chant, said  certificate  shall,  in  addition  to  above  require- 
ments, state  the  nature,  character,  and  estimated  value  of 
the  business  carried  on  by  him  prior  to  and  at  the  time  of 
his  application  as  aforesaid : 

Provided,  That  nothing  in  this  act  nor  in  said  treaty  shall 
be  construed  as  embracing  within  the  meaning  of  the  word 
"merchant,"  hucksters,  peddlers,  or  those  engaged  in  tak- 
ing, drying,  or  otherwise  preserving  shell  or  other  fish  for 
home  consumption  or  exjiortation. 
NAV  09,  PT  2 18 


274  PART    XXVII. CHINESE    IMMIGRATION. 

If  the  certificate  be  sought  for  the  purpose  of  travel  for 
curiosity,  it  shall  also  state  whether  the  applicant  intends 
to  pass  through  or  travel  within  the  United  States,  together 
with  his  financial  standing  in  the  country  from  which  such 
certificate  is  desired. 

The  certificate  provided  for  in  this  act,  and  the  identity 
of  the  person  named  therein  shall,  before  such  person  goes 
on  board  any  vessel  to  proceed  to  the  United  States,  be 
vised  by  the  endorsement  of  the  diplomatic  representative 
of  the  United  States  in  the  foreign  country  from  which  said 
certificate  issues,  or  of  the  consular  representative  of  the 
United  States  at  the  port  or  place  from  which  the  person 
named  in  the  certificate  is  about  to  depart;  and  such  diplo- 
matic representative  or  consular  representative  whose  in- 
dorsement is  so  required  is  hereby  empowered,  and  it  shall 
be  his  duty,  before  indorsing  such  certificate  as  aforesaid, 
to  examine  into  the  truth  of  the  statements  set  forth  in 
said  certificate,  and  if  he  shall  find  upon  examination  tliat 
said  or  any  of  the  statements  therein  contained  are  untrue 
it  shall  be  his  duty  to  refuse  to  indorse  the  same. 

Such  certificate  vised  as  aforesaid  shall  be  prima  facie 
evidence  of  the  facts  set  forth  therein,  and  shall  be  pro- 
duced to  the  collector  of  customs  of  the  port  in  the  district 
in  the  United  States  at  which  the  peison  named  therein 
shall  arrive,  and  afterward  produced  to  the  proper  authori- 
ties of  the  United  States  whenever  lawfully  demanded,  and 
shall  be  the  sole  evidence  permissible  on  the  part  of  the  per- 
son so  producing  the  same  to  establish  a  right  of  entry  into 
the  United  States ;  but  said  certificate  may  be  controverted 
and  tlie  facts  therein  stated  disproved  by  the  United  States 
authorities. 

May  6, 1882.         Any  pcrsou  who  shall  knowingly  and  falsely  alter  or  sub- 
Sec.7.  stitute  any  name  for  the  name  written  in  such  certificate  or 

forge  any  such  certificate,  or  knowingly  utter  any  forged 
or  fraudulent  certificate,  or  falsely  personate  any  person 
named  in  any  such  certificate,  shall  be  deemed  guilty  of  a 
misdemeanor;  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  exceeding  one  thousand  dollars,  and  impris- 
oned in  a  penitentiary  for  a  term  of  not  more  than  five  years. 

July  5, 1884.         The  master  of  any  vessel  arriving  in  the  United  States 
Sec.  8.  from  any  foreign  port  or  place  shall,  at  the  same  time  he 

delivers  a  manifest  of  the  cargo,  and  if  there  be  no  cargo, 
then  at  the  time  of  making  a  report  of  the  entry  of  the 
vessel  pursuant  to  law,  in  addition  to  the  other  matter 
required  to  be  reported,  and  before  landing,  or  permitting 
to  land,  any  Chinese  passengers,  deliver  and  report  to  the 
collector  of  customs  of  the  district  in  which  such  vessels 
shall  have  arrived  a  separate  list  of  all  Chinese  passengers 
taken  on  board  his  vessel  at  any  foreign  port  or  place,  and 
all  such  passengers  on  board  the  vessel  at  that  time. 

Such  list  shall  show  the  names  of  such  passengers  (and 
if  accredited  officers  of  the  Chinese  or  of  any  other  foreign 
Government,  traveling  on  the  business  of  that  Govern- 
ment, or  their  servants,  with  a  note  of  such  facts),  and  the 
names  and  other  jiarticulars  as  shown  by  their  respective 


PART    XXVII. — CHINESE    IMMIGRATION.  275 

certificates ;  and  such  list  shall  be  sworu  to  by  the  master 
in  the  manner  required  by  law  in  relation  to  the  manifest 
of  the  cargo. 

Any  refusal  or  wilful  neglect  of  any  such  master  to  com- 
ply with  the  provisions  of  this  section  shall  incur  the  same 
penalties  and  forfeiture  as  are  provided  for  a  refusal  or  neg- 
lect to  report  and  deliver  a  manifest  of  the  cargo. 

Before  any  Chinese  passengers  are  landed  from  any  such    ^^"^'  *"•  ^^'^■ 
vessel,  the  collector,  or  his  deputy,  shall  proceed  to  examine    ^"^ " 
such  passengers,  comparing  the  certificates  with  the  list  and 
with  the  passengers;  and  ro  passenger  shall  be  allowed  to 
land  in  the  United  States  from  such  vessel  in  violation  of  law. 

Every  vessel  whose  master  shall  knowingly  violate  any  of    '^''^  ^'  '^*- 
the  provisions  of  this  act  shall  be  deemed  forfeited  to  the    '^*'"'  ^°" 
United  States,  and  shall  be  liable  to  seizure  and  condem- 
nation in  any  district  of  the  United  States  into  which  such 
vessel  may  enter  or  in  which  she  may  be  found. 

Any  person  who  shall  knowingly  bring  into  or  cause  to  be  ^''''-  ^^■ 
brought  into  the  United  States  by  land,  or  who  shall  aid  or 
abet  the  same,  or  aid  or  abet  the  landing  in  the  United  States 
from  any  vessel,  of  any  Chinese  person  not  lawfully  entitled 
to  enter  the  United  States,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  on  conviction  thereof,  be  fined  in  a  sum 
not  exceeding  one  thousand  dollars,  and  imprisoned  for  a 
term  not  exceeding  one  year. 

No  Chinese  person  shall  be  permitted  to  enter  the  United    ^*«- 12. 
States  by  land  without  producing  to  the  proper  oflBcer  of 
customs  the  certificate  in  this  act  required  of  Chinese  per- 
sons seeking  to  land  from  a  vessel. 

And  any  Chinese  person  found  unlawfully  within  the 
United  States  shall  be  caused  to  be  removed  therefrom  to 
the  country  from  whence  he  came,  and  at  the  cost  of  the 
United  States,  after  being  brought  before  some  justice, 
judge,  or  commissioner  of  a  court  of  the  United  States  and 
found  to  be  one  not  lawfully  entitled  to  be  or  to  remain  in 
the  United  States. 

And  in  all  such  cases  the  person  who  brought  or  aided  in 
bringing  such  person  to  the  United  States  shall  be  liable 
to  the  Government  of  the  United  States  for  all  necessary 
expenses  incurred  in  such  investigation  and  removal;  and 
all  peace  officers  of  the  several  States  and  Territories  of 
the  United  States  are  hereby  invested  with  the  same 
authority  as  a  marshal  or  United  States  marshal  in  refer- 
ence to  carrying  out  the  provisions  of  this  act  or  the  act 
of  which  this  is  amendatory,  as  a  marshal  or  deputy  marshal 
of  the  United  States,  and  shall  be  entitled  to  like  compen- 
sation to  be  audited  and  paid  by  the  same  otficers. 

And  the  United  States  shall  pay  all  costs  and  charges 
for  the  maintenance  and  return  of  any  Chinese  person  hav- 
ing the  certificate  prescribed  by  law  as  entitling  such 
Chinese  person  to  come  into  the  United  States  who  may 
not  have  been  permitted  to  land  from  any  vessel  by  reason 
of  any  of  the  provisions  of  this  act. 

This  act  shall  not  apply  to  diplomatic  and  other  officers  of   ^'"'-  ^^■ 
the  Chinese  or  other  Governments  traveling  upon  the  busi- 


276  PART    XXVII. CHINESE    IMMIGRATION. 

ness  of  that  Government,  whose  credentials  shall  be  taken 
as  equivalent  to  the  certificate  in  this  act  mentioned,  and 
shall  exempt  them  and  their  body  and  household  servants 
from  the  provisions  of  this  act  as  to  other  Chinese  persons. 

May  6, 1882.         Hereafter  uo  State  court  or  court  of  the  United  States 
Sec.  14.  shall  admit  Chinese  to  citizenship;  and  all  laws  in  contiict 

with  this  act  are  hereby  repealed. 

July  5, 1884.         The  provislous  of  this  act  shall  apply  to  all  subjects  of 
Soc.  15.  China  and  Chinese,  whether  subjects   of  China  or  any 

other  foreign  power. 

And  the  words  "Chinese  laborers,"  wherever  used  in  this 
act  shall  be  construed  to  mean  both  skilled  and  unskilled 
laborers  and  Chinese  employed  in  mining. 

Sec.  16.  Any  violation  of  any  of  the  provisions  of  this  act,  or  of 

the  act  of  which  this  is  amendatory,  the  punishment  of 
which  is  not  otherwise  herein  provided  for,  shall  be  deemed 
a  misdemeanor,  and  shall  be  punishable  by  a  fine  not  ex- 
ceeding one  thousand  dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  both  such  fine  and  imprisonment. 

321.  Revised  Statutes  as  amended  March  3,  1875. 

R.s.,2158.  ^o  citizen  of  the  United  States,  or  foreigner  ©oming  into 

or  residing  within  the  same,  shall,  for  himself,  or  for  any 
other  person,  either  as  master,  factor,  owner,  or  otherwise, 
build,  equip,  load,  or  otherwise  prepare,  any  vessel,  regis- 
tered, enrolled,  or  licensed,  in  the  United  States,  for  the 
purpose  of  procuring  from  any  port  or  place  the  subjects  of 
China,  Japan,  or  of  any  other  oriental  country,  known  as 
"coolies",  to  be  transported  to  any  foreign  port,  or  place, 
to  be  disposed  of,  or  sold,  or  transferred,  for  any  time,  as 
servants  or  apprentices,  or  to  be  held  to  service  or  labor. 

Mar.  3, 187.5  If  any  person  shall  knowingly  and  willfully  contract,  or 

^®<'-*-  attempt  to  contract,  in  advance  or  in  pursuance  of  such 

illegal  importation,  to  supply  to  another  the  labor  of  cooly 
or  other  person  brought  into  the  United  States  in  violation 
of  section  two  thousand  one  hundred  and  fifty-eight  of  the 
Revised  Statutes,  or  of  any  other  section  of  the  laws  pro- 
hibiting the  cooly-trade  or  of  this  act,  such  person  shall 
be  deemed  guilty  of  a  felony,  and,  upon  conviction  thereof, 
in  any  United  States  court,  shall  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars  and  imprisoned  for  a  term 
not  exceeding  one  year. 

R.S.  2159.  If  any  vessel,  belonging  in  whole  or  in  part  to  a  citizen 

of  the  United  States,  and  registered,  enrolled,  or  other- 
wise licensed  therein,  be  employed  in  the  "cooly-trade,'" 
so  called,  contrary  to  the  provisions  of  the  preceding  sec- 
tion, such  vessel,  her  tackle,  apparel,  furniture,  and  other 
appurtenances,  shall  be  forfeited  to  the  United  States,  and 
shall  be  liable  to  be  seized,  prosecuted,  and  condemned  in 
any  of  the  circuit  courts  or  district  courts  of  the  United 
States  for  the  district  where  the  vessel  may  be  found, 
seized,  or  carried. 

R.s.,2i6a  Every  person  who  so  builds,  fits  out,  equips,  loads,  or 

otherwise  prepares,  or  who  sends  to  sea,  or  navigates,  as 


PART    XXVII. CHINESE    IMMIGRATION.  277 

owner,  master,  factor,  agent,  or  otherwise,  any  vessel,  be- 
longing in  whole  or  in  j)art  to  a  citizen  of  the  United  States, 
or  registered,  enrolled,  or  licensed  within  the  same,  know- 
ing or  intending  that  snch  vessel  is  to  be  or  may  be  em- 
ployed in  that  trade,  contrary  to  the  provisions  of  section 
twenty-one  hnndred  and  tifty-eight,  shall  be  liable  to  a  ttne 
not  exceeding  two  thousand  dollars,  and  be  imprisoned  not 
exceeding  one  year. 

Every  citizen  of  the  United  States  who,  contrary  to  the  h.  s.,2igi. 
provisions  of  section  twenty-one  hundred  and  fifty-eight, 
takes  on  board  of  any  vessel,  or  receives  or  transports  any 
such  subjects  as  are  described  in  that  section,  for  the  i)ur- 
poseof  disposing  of  them  in  any  way  as  therein  prohibited, 
shall  be  liable  to  a  line  not  exceeding  two  thousand  dollars 
and  be  imprisoned  not  exceeding  one  year. 

liJothing  herein  contained  shall  be  deemed  t#  apply  to  its, 2102. 
any  voluntary  emigration  of  the  subjects  specified  in  sec- 
tion twenty-one  hundred  and  tifty-eight,  or  to  any  vessel 
carrying  such  person  as  passenger  on  board  the  same,  but 
a  certificate  shall  be  prepared  and  signed  by  the  consul  or 
consular  agent  of  the  United  States  residing  at  the  port 
from  which  such  vessel  may  take  her  departure,  containing 
the  name  of  such  ])erson,  and  setting  forth  the  fact  of  his  vol- 
untary emigration  from  such  port,  which  certificate  shall  be 
given  to  the  master  of  such  vessel;  and  the  same  shall 
not  be  given  until  such  consul  or  consular  agent  is  first 
personally  satisfied  by  evidence  of  the  truth  of  the  facts 
therein  contained. 

The  President  is  empowered,  in  such  way  and  at  such  r.s.,2168. 
time  as  he  may  judge  proper,  to  direct  the  vessels  of  the 
United  States,  and  the  masters  and  commanders  thereof, 
to  examine  all  vessels  navigated  or  owned  in  whole  or  in 
part  by  citizens  of  the  United  States,  and  registered, 
enrolled,  or  licensed  under  the  laws  thereof,  whenever,  in 
the  judgment  of  such  master  or  commanding  officer,  rea- 
sonable cause  exists  to  believe  that  such  vessel  has  on 
board  any  subjects  of  China,  Japan,  or  other  oriental 
country,  known  as  "coolies;"  and,  upon  sufticient  proof 
that  such  vessel  is  employed  in  violation  of  the  preceding 
provisions,  to  cause  her  to  be  carried,  with  her  officers  and 
crew,  into  any  port  or  district  within  the  United  States, 
and  delivered  to  the  marshal  of  such  district,  to  be  held  and 
disposed  of  according  to  law. 

Fo  tax  or  charge  shall  be  imposed  or  enforced  by  any    k.s.,2164. 
State  upon  any  person  immigrating  thereto  from  a  foreign 
country,  which  is  not  equally  imposed  and  enforced  upon 
every  person  immigrating  to  such  State  from  any  other 
foreign  country. 

In  determining  whether  the  immigration  of  any  subject  Mar.  3,1875. 
of  China,  Japan,  or  any  Oriental  country,  to  the  United 
States,  is  free  and  voluntary,  as  provided  by  section  two 
thousand  one  hundred  nnd  sixty-two  of  the  lievised  Code, 
title  "Immigration,"  it  shall  be  the  duty  of  the  consul-gen- 
eral or  consul  of  the  United  States  residing  at  the  port 


278  PART    XXVII. CHINESE    IMMIGRATION. 

from  which  it  is  proposed  to  convey  such  subjects,  in  any 
vessels  enrolled  or  licensed  in  the  United  States,  or  any 
port  within  the  same,  before  delivering  to  the  masters  of 
any  such  vessels  the  permit  or  certificate  provided  for  in 
such  section,  to  ascertain  whether  such  immigrant  has 
entered  into  a  contract  or  agreement  for  a  term  of  service 
within  the  United  States,  for  lewd  and  immoral  purposes ; 
and  if  there  be  such  contract  or  agreement,  the  said  consul 
general  or  consul  shall  not  deliver  the  required  permit  or 
certificate. 
Sec.  2.  If  any  citizen  of  the  United   States,  or  other  person 

amenable  to  the  laws  of  the  United  States,  shall  take, 
or  cause  to  be  taken  or  transported,  to  or  from  the  United 
States  any  subject  of  China,  Japan,  or  any  Oriental 
country,  without  their  free  and  voluntary  consent,  for  the 
purpose  of  holding  them  to  a  term  of  service,  such  citizen 
or  other  person  shall  be  liable  to  be  indicted  therefor,  and, 
on  conviction  of  such  offense,  shall  be  punished  by  a  fine 
not  exceeding  two  thousand  dollars  and  be  imprisoned  not 
exceeding  one  year;  and  all  contracts  and  agreements  for 
a  term  of  service  of  such  persons  in  the  United  States, 
whether  made  in  advance  or  in  pursuance  of  such  illegal 
importation,  and  whether  such  importation  shall  have  been 
in  American  or  other  vessels,  are  hereby  declared  void. 


Part  XXVIII— OCEAN  MAIL  SERVICE. 


322.  Special  ocean  mail  contracts.  1  324.  United  States  mail  agencies  abroad 

323.  General  ocean  mail  service,  I 

322.  Special  ocean  mail  contracts. 

The  Postmaster-General  is  hereby  authorized  and  em-  Mar.  3.  i89i. 
powered  to  enter  into  contracts  for  a  term  not  less  than 
live  nor  more  than  ten  years  in  duration,  with  American 
citizens  for  the  carrying  of  mails  on  American  steamships, 
between  ports  of  the  United  States  and  such  ports  in  for- 
eign countries,  the  Dominion  of  Canada  excepted,  as  in 
his  judgment  will  best  subserve  and  promote  the  postal 
and  commercial  interests  of  the  United  States,  the  mail 
service  on  such  lines  to  be  equitably  distributed  among  the 
Atlantic,  Mexican  Gulf  and  Pacific  ports.  Said  contracts 
shall  be  made  with  the  lowest  responsible  bidder  for  the 
performance  of  said  service  on  each  route,  and  the  Post- 
master-General shall  have  the  right  to  reject  all  bids  not 
in  his  opinion  reasonable  for  the  attaining  of  the  purposes 
named. 

Before  making  any  contracts  for  carrying  ocean  mails  in  see.  2. 
accordance  with  this  act  the  Postmaster-General  shall  give 
imblic  notice  by  advertising  once  a  week,  for  three  months, 
in  such  daily  papers  as  he  shall  select  in  each  of  the  cities 
of  Boston,  New  York,  Philadelphia,  Baltimore,  New  Orleans, 
Saint  Louis,  Charleston,  Norfolk,  Savannah,  Galveston  and 
Mobile,  and  when  the  proposed  service  is  to  be  on  the 
Pacific  Ocean,  then  in  San  Francisco,  Tacoma  and  Port- 
land. Such  notice  shall  describe  the  route,  the  time  when 
such  contract  will  be  made,  the  duration  of  the  same,  the 
size  of  the  steamers  to  be  used,  the  number  of  trips  a  year, 
the  times  of  sailing,  and  the  time  when  the  service  shall 
commence,  which  shall  not  be  more  than  three  years  after 
the  contract  shall  be  let.  The  details  of  the  mode  of  adver- 
tising and  letting  such  contracts  shall  be  conducted  in  the 
manner  prescribed  in  chapter  eight  of  title  [R.  S.,  2041- 
29G3]  forty-six  of  the  Revised  Statutes  for  the  letting  of 
inland  mail  contracts  so  far  as  the  same  shall  be  applicable 
to  the  ocean  mail  service. 

The  vessels  employed  in  the  mail  service  under  the  pro-    soc.  3. 
visions  of  this  Act  shall  be  American-built  steamships, 
owned  and  officered  by  American  citizens,  in  conformity 
with  the  existing  laws,  or  so  owned  and  officered  iind  reg- 
istered according  to  law,  and  upon  each  departure  from  the 

279 


280  PART    XXVIII. OCEAN   MAIL    SERVICE. 

Uuited  States  the  following  proportion  of  tlie  crew  shall  be 
citizens  of  the  Uuited  States,  to  wit:  During  the  first  two 
years  of  such  contract  for  carrying  the  mails,  one  fourth 
thereof;  during  the  next  three  succeeding  years,  one-third 
thereof;  and  during  the  remaining  time  of  the  continuance 
of  such  contract  at  least  one-half  thereof:  and  shall  be 
constructed  after  the  latest  and  most  approved  types,  with 
all  the  modern  improvements  and  appliances  for  ocean 
steamers. 

They  shall  be  divided  into  four  classes.  The  first  shall 
be  iron  or  steel  screw  steamships,  capable  of  maintaining  a 
speed  of  twenty  knots  an  hour  at  sea  in  ordinary  weather, 
and  of  a  gross  registered  tonnage  of  not  less  than  eight 
thousand  tons.  No  vessel  except  of  said  first  class  shall 
be  accepted  for  said  mail  service  under  the  provisions  of 
this  act  between  the  United  States  and  Great  Britain.  The 
second  class  shall  be  iron  or  steel  steamships,  capable  of 
maintaining  a  speed  of  sixteen  knots  an  hour  at  sea  in 
ordinary  weather,  and  of  a  gross  registered  tonnage  of  not 
less  than  five  thousand  tons.  The  tliird  class  shall  be  iron 
or  steel  steamships,  capable  of  maintaining  a  speed  of  four- 
teen knots  an  hour  at  sea  in  ordinary  weather,  and  of  a 
gross  registered  tonnage  of  not  less  than  two  thousand  five 
hundred  tons.  The  fourth  class  shall  be  iron  or  steel  or 
wooden  steam-ships,  capable  of  maintaining  a  speed  of 
twelve  knots  an  hour  at  sea  in  ordinary  weather,  and  of  a 
gross  registered  tonnage  of  not  less  than  fifteen  hundred 
tons.  It  shall  be  stipulated  in  the  contract  or  contracts  to 
be  entered  into  for  the  said  mail  service  that  said  vessels 
may  carry  passengers  with  their  baggage  in  addition  to  said 
mails  and  may  do  all  ordinary  business  done  by  steam-ships. 

Sec.  4.  All  steamships  of  the  first,  second,  and  third  classes 

employed  as  above  and  hereafter  built  shall  be  constructed 
with  particular  reference  to  prompt  and  economical  con- 
version into  auxiliary  naval  cruisers,  and  according  to  plans 
and  specifications  to  be  agreed  upon  by  and  between  the 
owners  and  the  Secretary  of  the  Navy,  and  they  shall  be 
of  sufficient  strength  and  stability  to  carry  and  sustain  the 
working  and  operation  of  at  least  four  effective  rilled  cannon 
of  a  caliber  of  not  less  than  six  inches,  and  shall  be  of  the 
highest  rating  known  to  maritime  commerce.  And  all  ves- 
sels of  said  three  classes  heretofore  built  and  so  employed 
shall,  before  they  are  accepted  for  the  mail  service  herein 
provided  for,  be  thoroughly  inspected  by  a  competent  naval 
officer  or  constructor  detailed  for  that  service  by  the  Sec- 
retary of  the  Navy;  and  such  officer  shall  report,  in  writing, 
to  the  Secretary  of  the  Navy,  who  shall  transmit  said 
report  to  the  Postmaster-General;  and  no  such  vessel  not 
approved  by  the  Secretary  of  the  Navy  as  suitable  for  the 
service  required  shall  be  employed  by  the  Postmaster- 
General  as  provided  for  in  this  act. 

Sec.  5.  The  rate  of  compensation  to  be  paid  for  such  ocean  mail 

service  of  the  said  first-class  ships  shall  not  exceed  the  sum 
of  four  dollars  a  mile,  and  for  the  second  class  ships  two 
dollars  a  mile,  by  the  shortest  practicable  route,  for  each 


PART    XXVIII. Of 'KAN    MAIL    SERVICE.  281 

outward  voyage;  for  the  third-class  ships  not  to  exoeed  one 
dollar  a  mile,  and  for  the  fourth-class  ships  two-thirds  of 
one  dollar  a  mile,  for  the  actual  number  of  miles  re(iuired 
by  the  Post  Office  Department  lo  be  traveled  on  each  out- 
ward bound  voyage:  Prorided,  That  in  the  case  of  failure 
from  any  cause  to  perform  the  regular  voyages  stipulated 
for  in  said  contracts  or  any  of  them,  a  pro  rata  deduction 
shall  be  made  from  the  compensation  on  account  of  sucdi 
omitted  voyage  or  voyages;  and  that  suitable  fines  and 
penalties  may  be  imposed  for  delays  or  irregularities  in 
the  due  performance  of  service  according  to  the  contract, 
to  be  determined  by  the  Postmaster  General:  rrorided 
further  J  That  no  steamship  so  employed  and  so  i)aid  for 
carrying  the  United  States  mails  shall  receive  any  other 
bounty  or  subsidy  from  the  Treasury  of  the  United  States. 

Upon  each  of  said  vessels  the  United  States  shall  be  ^'c-c. 
entitled  to  have  transported,  free  of  charge,  a  mail-messen- 
ger, whose  duty  it  shall  be  to  receive,  sort,  take  in  charge 
and  deliver  the  mails  to  and  from  the  United  States,  and 
wlio  shall  be  provided  with  suitable  room  for  the  accom- 
modation of  himself  and  the  mails. 

The  ofiflcers  of  the  United  States  Navy  may  volunteer  sec.7. 
for  service  on  said  mail  vessels,  and  when  accepted  by  the 
contractor  or  contractors,  may  be  assigned  to  sucli  duty  by 
the  Secretary  of  the  Navy  whenever  in  his  opinion  such 
assignment  can  be  made  without  detriment  to  the  service, 
and  while  in  said  emi)loyment  they  shall  receive  furlough 
pay  from  the  Government,  and  such  other  compensation 
from  the  contractor  or  contractors  as  may  be  agreed  upon 
hy  the  parties :  Provided^  That  they  shall  only  be  required  to 
perform  such  duties  as  appertain  to  the  merchant  service. 

Said  vessels  shall  take,  as  cadets  or  apprentices,  one  sec.s. 
American-born  boy,  under  twenty-one  years  of  age  for  each 
one  thousand  tons  gross  register,  and  one  for  eacli  majority 
fraction  thereof,  who  shall  be  educated  in  the  duties  of  sea- 
manship, rank  as  petty  officers,  and  receive  such  pay  for 
their  services  as  may  be  reasonable. 

Such  steamers  may  be  taken  and  used  by  the  United  soc.9. 
States  as  transports  or  cruisers,  upon  payment  to  the  own- 
ers of  the  fair  actual  value  of  the  same  at  the  time  of  the 
taking,  and  if  there  shall  be  a  disagreement  as  to  the  fair 
actual  value  of  the  same  at  the  time  of  the  taking,  and  if 
there  shall  be  a  disagreement  as  to  the  fair  actual  value 
between  the  United  States  and  the  owners,  then  the  same 
shall  be  determined  by  two  impartial  appraisers,  one  to  be 
appointed  by  each  of  said  i)arties,  they  at  the  same  time 
selecting  a  third,  who  shall  act  in  said  appraisement  in  case 
the  two  shall  fail  to  agree. 

Reserve  guns  for  auxiliary  cruisers:  Toward  the  arma-  i^iar.3, 1899. 
ment  of  modern  guns  for  auxiliary  cruisers  mentioned  in 
the  act  approved  March  third,  eighteen  hundred  and  ninety- 
one,  and  in  section  four  of  the  act  approved  May  tenth, 
eighteen  hundred  and  ninety  two,  two  hundred  and  fifty 
thousand  dollars:  Provided^  That  the  Secretary  of  the  Navy 


282  PART    XXVIII. OCEAN    MAIL    SERVICE. 

may,  in  his  discretion,  purchase  by  contract  all  or  any  part 
of  such  guns. 

323.  General  ocean  mail  service. 
Mar.  1,1899.  For  transportation  of  foreign  mails,  two  million  one  hun- 
dred and  fifty-four  thousand  dollars,  including  additional 
compensation  to  the  Oceanic  Steamship  Company  for 
transporting  the  mails  by  its  steamers  sailing  from  San 
Francisco  to  New  Zealand  and  New  South  Wales  by  way 
of  Honolulu,  all  mails  made  up  in  the  United  States  destined 
for  the  Hawaiian  Islands,  the  Australian  colonies.  New 
Caledonia,  and  the  islands  in  the  Pacific  Ocean,  eighty 
thousand  dollars:  Provided,  That  the  sum  paid  the  said 
Oceanic  Steamship  Company  shall  not  exceed  two  dollars 
jjer  mile,  as  authorized  by  Act  of  March  third,  eighteen 
hundred  and  ninety-one.     [Including  special  contracts.] 

R.  s.,  39G9.  The  Postmaster-General  may  cause  the  mail  to  be  carried 

in  any  steamboat  or  other  vessel  used  as  a  packet  on  any  of 
the  waters  of  the  United  States. 

R.  s.,3970.  The  Postmaster-General  may,  if  he  deem  it  for  the  pub- 

lic interest,  make  contracts  for  any  period  not  exceeding 
one  year,  for  carrying  the  mails  in  steamships  between  any 
of  the  ports  of  the  ifnited  States. 

R.  s.,3977.  The  master  of  any  steamboat  passing  between  ports  or 

places  in  the  United  States,  and  arriving  at  any  such  port 
)r  place  where  there  is  a  post-oflQce,  shall  deliver  to  the 
postmaster,  within  three  hours  after  his  arrival,  if  in  the 
day-time,  and  if  at  night,  within  two  hours  after  the  next 
sunrise,  all  letters  and  packets  brought  by  him,  or  within 
his  power  or  control  and  not  relating  to  the  cargo,  addressed 
to  or  destined  for  such  port  or  place,  for  which  he  shall 
receive  from  the  postmaster  two  cents  for  each  letter  or 
packet  so  delivered,  unless  the  same  is  carried  under  a 
contract  for  carrying  the  mails;  and  for  every  failure  to  so 
deliver  such  letters  and  packets,  the  master  or  owner  of 
the  steamboat  shall  be  liable  to  a  penalty  of  one  hundred 
and  fifty  dollars. 

R.  s.,  3978.  The  Postmaster-General  may  pay,  to  the  master  or  owner 

of  any  vessel  not  regularly  employed  in  carrying  the  mail, 
two  cents  for  each  letter  carried  by  such  vessel  between 
ports  or  places  in  the  United  States,  or  f'-om  any  for- 
eign port  to  any  port  in  the  United  States;  but  all  such 
letters  shall  be  deposited  in  the  post  office  at  the  port  of 
arrival. 

R.  s.,3987.  No  vessel  departing  from  the  United  States  for  any  for- 

eign port  shall  receive  on  board  or  convey  any  letter  or 
packet  originating  in  the  United  States  which  has  not  been 
regularly  received  from  the  post-office  at  the  port  of  depar- 
ture, and  which  does  not  relate  to  the  cargo  of  such  vessel, 
except  as  provided  in  section  three  thousand  nine  hundred 
and  ninety- three;  and  every  collector,  or  other  officer  of  the 
port  empowered  to  grant  clearances,  shall  require  from  the 
master  of  such  vessel,  as  a  condition  of  clearance,  an  oath 


PART    XXVIII. OCEAX    MAIL    SERVICE.  283 

that  he  has  not  received  on  board,  has  not  nnder  liis  care 
or  control,  and  will  not  receive  or  convey  any  letter  or 
packet  contrary  to  the  provisions  of  this  section. 

No  vessel  arriving  within  any  port  or  collection-district  of  '-  •^•.  •'"sa. 
the  United  States  shall  be  allowed  to  make  entry  or  break 
bnlk  nutil  all  letters  on  board  are  delivered  at  the  nearest 
l)ost  ofhce,  and  the  master  thereof  has  signed  and  sworn 
to  the  following-  declaration,  before  the  collector  or  other 
proper  customs  officer: 

"  I,  A.  B.,  master  of  the ,  arriving  from ,  and 

now  lying  in  the  ])ort  of ,  do  solemnly  swear  (or  atlirm) 

that  I  have,  to  the  best  of  my  knowledge  and  belief,  deliv- 
ered, at  the  post-office  at ,  every  letter,  and  every  bag, 

packet,  or  parcel  of  letters,  which  were  on  board  the  said 
vessel  during  her  last  voyage,  or  which  were  in  my  posses- 
sion or  under  my  power  or  control." 

And  any  master  who  shall  break  bulk  before  he  has  de- 
livered such  letters  shall  be  liable  to  a  penalty  of  not  more 
than  one  hundred  dollars,  recoverable,  one-half  to  the  oflicer 
making  the  seizure,  and  the  other  to  the  use  of  the  Tnited 
States. 

Any  special  agent  of  the  Post-Office  Department,  when  ]:.  s.,n989. 
instructed  by  the  Postmaster  General  to  make  examina- 
tions and  seizures,  and  the  collector  or  other  customs  offi- 
cers of  any  port,  without  special  instructions,  shall  care- 
fully search  all  vessels  for  letters  which  may  be  on  board 
or  which  have  been  conveyed  contrary  to  law. 

Any  special  agent  of  the  Post-Office  Department,  col-  ks..309o. 
lector,  or  other  customs  officer,  or  United  States  marshal 
or  his  deputy,  may  at  all  times  seize  all  letters  and  bags, 
])ackets  or  parcels,  containing  letters  which  are  being  car- 
ried contrary  to  law  on  board  any  vessel  or  any  post-route, 
and  convey  the  same  to  the  nearest  post-office,  or  maj^,  by 
the  direction  of  the  Postmaster-General  or  Secretary  of  the 
Treasury,  detain  them  until  two  months  after  the  final 
determination  of  all  suits  and  proceedings  which  may,  at 
any  time  within  six  months  after  such  seizure,  be  brought 
against  any  i)erson  for  sending  or  carrying  such  letters. 

Every  package  or  parcel  seized  by  any  special  agent  of  k  s.,3991. 
the  Post-Office  Department,  collector,  or  other  customs 
officer,  or  United  States  marshal  or  his  deimties,  in  which 
any  letter  is  unlawfully  concealed,  shall  be  forfeited  to  the 
United  States,  and  the  same  proceedings  may  be  had  to 
enforce  the  forfeiture  as  are  authorized  in  respect  to  goods, 
wares,  and  merchandise  forfeited  for  violation  of  the  revenue 
laws;  and  all  lawsfor  the  benefit  and  ])rotection  of  customs 
officers  making  seizures  for  violating  the  revenue  laws  shall 
apply  to  officers  making  seizures  for  violating  the  postal 
laws. 

Nothing  herein  contained  shall  be  construed  to  prohibit    u.s,:!902. 
the  conveyance  or  transmission  of  letters  or  packets  by 
private  hands  without  compensation,  or  by  special  mes- 
senger employed  for  the  particular  occasion  only. 


284  PART    XXVIII. OCEAN    MAIL    SERVICE. 

R.s.,4006.  'jijig  Postmaster-General,  after  advertising  for  proposals, 

may  enter  into  contracts  or  make  suitable  arraugemeuts  for 
transporting  the  mail  through  any  foreign  country,  between 
any  two  points  in  the  United  States,  and  such  transporta- 
tion shall  be  by  the  speediest,  safest,  and  most  economical 
route;  and  all  contracts  therefor  may  be  revoked  whenever 
any  new  road  or  canal  sliall  be  opened  affording  a  speedier, 
more  economical,  and  equally  safe  transportation  between 
the  same  points;  but  in  case  of  tlie  revocation  of  any  such 
contract,  a  fair  indemnity  shall  b(^  awarded  to  the  contractor. 

R.  s.,4007.  The  Postmaster-General  may,  after  advertising  for  j)ro- 

posals,  enter  into  contracts  for  the  transportation  of  the 
mail  between  the  United  States  and  any  foreign  country 
whenever  the  public  interests  will  thereby  be  promoted. 

R.s.,4008.  The  mail  between  the  United  States  and  any  foreign  port, 

or  between  ports  of  the  United  States  touching  at  a  foreign 
port,  shall  be  transported  iu  steamshii)s;  but  the  Postmas- 
ter-General may  have  such  transportation  performed  by 
sailing-vessels  when  the  service  can  be  facilitated  thereby. 

R.  s.,4009.  For  transporting  the  mail  between  the  United  States  and 

any  foreign  port,  or  between  ports  of  the  United  States 
touching  at  a  foreign  port,  the  Postmaster-General  may 
allow  as  compensation,  if  by  a  United  States  steamship, 
any  sum  not  exceeding  the  sea  and  United  States  inland 
postage;  and  if  by  a  foreign  steamship  or  by  a  sailing  ves- 
sel, any  sum  not  exceeding  the  sea-postage,  on  the  mail  so 
transported.     [Amended  by  March  3,  1891,  above.]     ' 

R.  s.,  4010.  The  Postmaster-General  may  imi)ose  fines  on  contractors 

for  transporting  the  mail  between  the  United  States  and 
any  foreign  country,  for  any  unreasonable  or  unnecessary 
delay  in  the  departure  of  such  mail,  or  the  performance  of 
the  trip;  but  the  fine  for  any  one  default  shall  not  exceed 
one-half  the  contract  price  for  the  trip. 

R.S..4011.  Every  contract  for  transporting  the  mail  between  the 

United  States  and  any  foreign  country  shall  contain, besides 
the  usual  stipulation  for  the  right  of  the  Postmaster-Gen- 
eral to  discontinue  the  same,  the  further  stipulation  that  it 
may  be  terminated  by  Oongi'ess. 

R.  s..  4012.  The  Postjnaster-General  may,  by  and  with  the  advice  and 

consent  of  the  President,  make  any  arrangements  which 
may  be  deemed  just  and  expedient  for  allowing  the  mails 
of  Canada,  or  any  other  country  adjoining  the  United  States, 
to  be  transported  over  the  territory  of  the  United  States 
from  one  point  in  such  country  to  any  other  point  in  the 
same,  at  the  expense  of  the  country  to  which  the  mail 
belongs,  upon  obtaining  a  like  privilege  for  the  transporta- 
tion of  the  United  States  mail  through  the  country  to  which 
the  privilege  is  granted;  but  such  privilege  may  at  any 
time  be  annulled  by  the  President  or  Congress  from  and 
after  one  month  succeeding  the  day  on  which  notice  of  the 
act  of  the  President  or  Congress  is  given  to  the  chief  exec- 
utive or  head  of  the  post-office  department  of  the  country 
whose  privilege  is  to  be  annulled. 


PART   XXVITI. OCEAN    MAIL    SERVICE.  285 

The  Postmaster-General,  under  tliw  direction  of  the  Presi-  ^^  s-.^ois 
dent  of  the  United  States,  is  hereby  authorized  and  empow- 
ered to  charoe  upon,  and  collect  from,  all  letters  and  other 
mailable  matter  carried  to  or  from  any  i)ort  of  the  Ignited 
States,  in  any  forcijin  i)acket-ship  or  other  vessel,  the  same 
rate  or  rates  of  charge  for  American  postage  which  the  ^ov- 
ernmentto  which  such  foreign  packet  or  otlier  vessel  belongs 
tmposes  upon  letters  and  other  mailable  matter  conveyed  to 
or  from  such  foreign  country  in  American  packets  or  other 
vessels  as  the  postage  of  such  government,  and  at  any  time 
to  revoke  the  same;  and  all  custom-house  officers  and  other 
United  States  agents  designated  or  appointed  for  that  pur- 
pose shall  enforceorcarry  intoetfect  the  Ibregoing  provision, 
and  aid  or  assist  in  the  collection  of  such  postage,  and  to 
that  end  it  shall  be  lawful  for  such  ofdcers  and  agents,  on 
suspicion  of  fraud,  to  open  and  examine,  in  the  presence 
of  two  or  more  respectable  persons,  being  citizens  of  the 
United  States,  any  package  or  i)ackages  supposed  to  con- 
tain mailable  matter  found  on  board  such  packets  or  other 
vessels  or  elsewhere,  and  to  prevent,  if  necessary,  such 
packets  or  other  vessels  from  entering,  breaking  bulk,  or 
making  clearance  until  such  letters  or  other  mailable  matter 
are  duly  delivered  into  the  United  States  post-office. 

324.  United  States  mail  agencies  abroad. 

The  Postmaster-General  may  establish  resident  mail-  ^^•^-•*02i. 
agencies  at  the  ports  of  Panama  and  Aspinwall,  in  N"ew 
Granada;  Havana,  in  Cuba;  at  Saint  Thomas,  and  at  such 
other  foreign  ports  at  which  United  States  mail-steamers 
touch  to  land  and  receive  mails,  as  may,  in  his  judgment, 
l^romote  the  efficiency  of  the  foreign  mail-service;  and  may 
pay  the  agents  employed  by  him  at  such  i)ort8,  out  of  the 
appropriation  for  transportation  of  the  mail,  a  reasonable 
compensation  for  their  services,  and  the  necessary  expenses 
for  office-rent,  clerk-hire,  office-furniture,  and  other  inci- 
dentals, to  be  allowed  him  at  each  of  such  agencies. 

The  Postmaster- General  may  appoint  an  agent  in  charge  5iS..4022. 
of  the  mail  on  board  of  each  of  the  mail  steamers  on  the 
routes  between  San  Francisco,  Japan,  and  China;  between 
San  Francisco  and  Honolulu,  in  the  Hawaiian  Islands,  and 
between  New  York  and  Eio  Janeiro,  who  shall  be  allowed, 
out  of  the  appropriation  for  transportation  of  the  mail,  a 
salary  of  two  thousand  dollars  a  year  each. 

The  Postmaster-General  m.ay  establish,  in  connection  R.S..4023. 
with  the  mail-steamship  service  to  Japan  and  China,  a 
general  postal  agency  at  Shanghai,  in  China,  or  at  Yoko- 
hama, in  Japan,  with  such  branch  agencies  at  any  other 
ports  in  China  and  Japan  as  he  shall  deem  necessary  for 
the  prompt  and  efficient  management  of  the  postal  service 
in  those  countries;  and  he  may  pay  the  postal  agents  em- 
ployed thereat  a  reasonable  compensation  for  their  services, 
in  addition  to  the  necessary  expenses  for  rent,  furniture, 
clerk-hire,  and  incidental  expenses. 


Part  XXIX.— WRECKS. 


325.  Reportof  wrecks.  I  327.  Wrecks  in  foreign  waters. 

326.  Canadian  wrecks.  |  328.  Wrecks  in  Florida,  waters. 

325.   Report  of  wrecks. 

June  20, 1874.       Whenever  any  vessel  of  the  United  States  has    sus- 
sec.io.  tained  or  caused  any  accident  involving  the  loss  of  life, 

the  material  loss  of  property,  or  any  serious  injury  to 
any  person,  or  has  received  any  material  damage  affecting 
her  seaworthiness  or  her  efficiency,  the  managing  owner, 
agent,  or  master  of  such  vessel  shall  within  five  days  after 
the  happening  of  such  accident  or  damage,  or  as  soon 
thereafter  as  possible,  send,  by  letter  to  the  collector  of 
customs  of  the  district  wherein  such  vessel  belong;*  or 
of  that  within  which  such  accident  or  damage  occurred,  a 
report  thereof,  signed  by  such  owner,  agent,  or  master, 
stating  the  name  and  official  number  (if  any)  of  the  vessel, 
the  port  to  which  she  belongs,  the  place  where  she  was, 
the  nature  and  probable  occasion  of  the  casualty,  the  num- 
ber and  names  of  those  lost,  and  the  estimated  amount  of 
loss  or  damage  to  the  vessel  or  cargo:  and  shall  furnish, 
upon  the  request  of  either  of  such  collectors  of  customs, 
such  other  information  concerning  the  vessel,  her  cargo, 
and  the  casualty  as  may  be  called  for;  and  if  he  neglect  or 
refuse  to  comply  with  the  foregoing  requirements  after  a 
reasonable  time,  he  shall  incur  a  penalty  of  one  hundred 
dollars. 

Sec.  11.  Whenever  the  managing  owner  or  agent  of  any  vessel  of 

the  United  States  has  reason,  owing  to  the  non-appearance 
of  such  vessel,  or  to  any  other  circumstance,  to  apprehend 
that  such  vessel  has  been  lost,  he  shall,  as  soon  as  conven- 
iently may  be,  send  notice,  in  writing,  to  the  collector  of 
customs  of  the  port  to  which  said  vessel  belonged,  of  such 
loss,  and  the  probable  occasion  thereof  stating  the  name  and 
the  official  number  (if  any)  of  the  vessel,  and  the  names  of 
all  persons  on  board,  so  far  as  the  same  can  be  ascertained, 
and  shall  furnish,  upon  request  of  the  collector  of  such 
port,  such  additional  information  as  he  may  be  able;  and 
if  he  neglect  to  comply  with  the  above  requirements  within 
a  reasonable  time,  he  shall  incur  a  penalty  of  one  hundred 
dollnrs. 
286 


PART    XXIX. WRECKS.  287 

It  shall  be  the  duty  of  the  collectors  of  customs  to  imme-  sti.  ii;, 
diately  transmit  to  the  Secretary  of  the  Treasury  such 
rei)orts  and  iuformatiou  as  they  may  receive  under  tlie  pro- 
visions of  the  two  preceding  sections,  and  they  shall  also 
report  to  the  Secretary  of  the  Treasury  any  neglect  or 
relusal  on  the  part  of  the  managing  owner,  agent,  or  mas- 
ter of  any  vessel  of  the  United  States  to  comply  with  the 
requirements  thereof. 

The  Secretary  of  the  Treasury  may,  upon  application    see.  13. 
therefor,  remit  or  mitigate  any  i)enalty  jirovided  for  in  this    Mar.:;, i897. 
Act,  or  discontinue  any  prosecution  to  recover  the  same,    •^^»=  i'- 
upon  such  terms  as  he,  in  his  discretion,  shall  think  proper, 
and  shall  have  authority  to  ascertain  the  facts  upon  all  such 
applications  in  such  manner  and  under  such  regulations  as 
he  may  think  proper.    All  penalties  herein  provided  may 
be  sued  for,  prosecuted,  recovered,  and  disposed  of  in  the 
manner  prescribed  by  section  forty-three  hundred  and  five 
of  the  lie  vised  Statutes. 

326.  Canadian  wrecks. 

Canadian  vessels  and  wrecking  appurtenance  may  ren-  May-u.  i89o. 
der  aid  and  assistance  to  Canadian  or  other  vessels  and 
property  wrecked,  disabled,  or  in  distress  in  the  waters  of 
the  United  States  contiguous  to  the  Dominion  of  Canada: 
Provided,  That  this  act  shall  not  take  effect  until  procla- 
mation by  the  President  of  the  United  States  that  the 
privilege  of  aiding  American  or  other  vessels  and  property 
wrecked,  disabled,  or  in  distress  in  Canadian  waters  con- 
tiguous to  the  United  States  has  been  extended  by  the 
Government  of  the  Dominion  of  Canada  to  American  ves- 
sels and  wrecking  appliances  of  all  descriptions.  This  act  Mar.3. 1893. 
shall  be  construed  to  apply  to  the  canal  and  improvement 
of  the  waters  between  Lake  Erie  and  Lake  Huron,  and  to 
the  waters  of  the  Saint  Mary's  River  and  canal:  And  pro- 
vided further,  That  this  act  shall  cease  to  be  in  force  from 
and  after  the  date  of  the  proclamation  of  the  President  of 
the  United  States  to  the  effect  that  said  reciprocal  privi- 
lege has  been  withdrawn,  revoked,  or  rendered  inoperative 
by  the  said  Covernment  of  the  Dominion  of  Canada. 

[Proclaimed  July  17,  1893.] 

327.  Wrecks  in  foreign  waters. 

Consuls  and  vice  consuls,  in  cases  where  vessels  of  the  ii.s.rjag. 
United  States  are  stranded  on  the  coasts  of  their  consu- 
lates respectively,  shall,  as  far  as  the  laws  of  the  country 
will  permit,  take  proper  measures,  as  well  for  the  purpose 
of  saving  the  vessels,  their  cargoes  and  appurtenances,  as 
for  storing  and  securing  the  effects  and  merchandise  saved, 
and  for  taking  inventories  thereof;  and  the  merchandise 
and  effects  saved,  with  the  inventories  thereof  so  taken, 
vshall,  after  deducting  therefrom  the  expenses,  be  delivered 
totheowners.  No  consul  or  vice-consul  shall  have  authority 
to  take  possession  of  any  such  merchandise,  or  other  prop- 
erty, when  the  master,  owner,  or  consignee  thereof  is  pres- 
ent or  capable  of  taking  i)ossession  of  the  same. 


288  PART    XXIX. WRECKS. 

328.  Wrecks  in  Florida  waters. 

E.s.,4239.  All  property,  of  any  description  whatsoever,  which  shall 

be  taken  from  any  wreck,  from  the  sea,  or  from  any  of  the 
keys  and  shoals,  within  thejarisdictionof  the  United  States, 
on  the  coast  of  Florida,  shall  be  brought  to  some  port  of 
entry  within  the  jurisdiction  of  the  United  States. 

K.s.,4240.  Every  vessel  which  shall  be  engaged  or  employed  in 

carrying  or  transporting  any  i)roperty  whatsoever,  taken 
from  any  wreck,  from  the  sea,  or  from  any  of  the  keys  or 
shoals,  within  the  jurisdiction  of  the  United  States,  on  the 
coast  of  Florida,  to  any  foreign  i)ort,  shall,  together  with 
her  tackle,  apparel,  and  furniture,  be  forfeited,  and  all  for- 
feitures incurred  by  virtue  of  this  se(;tiou  shall  accrue,  one 
moiety  to  the  informer  and  the  other  to  the  United  States. 

E.  s.,  4241.  No  vessel,  or  master  thereof,  shall  be  regularly  employed 

in  the  business  of  wrecking  on  the  coast  of  Florida  without 
the  license  of  the  judge  of  the  district  court  for  the  district 
of  Florida;  and,  before  licensing  any  vessel  or  master,  the 
judge  shall  be  satisfied  that  the  vessel  is  sea- worthy,  and 
properly  and  sufficiently  fitted  and  equipped  for  the  busi- 
ness of  saving  property  shipwrecked  and  in  distress;  and 
that  the  master  thereof  is  trustworthy,  and  innocent  of  any 
fraud  or  misconduct  in  relation  to  any  proj)erty  shipwrecked 
or  saved  on  the  coast. 


Part  XXX.— REVENUE  CUTTERS. 


329.  Revenue  cutters. 

The  President  may,  for  the  better  securing  the  collectiou  r.  s.,2747. 
of  import  or  touiinge  duties,  cause  to  be  maintained  so 
many  of  the  revenue-cutters  as  may  be  uecessar^^  to  be 
employed  for  the  protection  of  the  revenue,  the  expense 
wliereof  shall  be  paid  out  of  such  sum  as  shall  be  annually 
appropriated  tor  the  revenue  cutter  service,  and  not  other- 
wise. 

The  Secretary  of  the  Treasury  may  'direct  the  perform-    ^-  s-.  2758. 
ance  of  any  service  by  the  re  venue- vessels  which,  in  his 
judgment,  is  necessary  for  the  protection  of  the  revenue. 

The  officers  of  the  revenue-cutters  shall  respectively  be  k.  s.,276o. 
deemed  officers  of  the  customs,  and  shall  be  subject  to  the 
direction  of  such  collectors  of  the  revenue,  or  other  officers 
thereof,  as  from  time  to  time  shall  be  designated  for  that 
purpose.  They  shall  go  on  board  all  vessels  which  arrive 
within  the  United  States  or  within  four  leagues  of  the  coast 
thereof,  if  bound  for  the  United  States,  and  search  and 
examine  the  same,  and  every  part  thereof,  and  shall  demand, 
receive,  and  certify  the  manifests  required  to  be  on  board 
certain  vessels,  shall  affix  and  put  proper  fastenings  on  the 
hatches  and  other  communications  with  the  hold  of  any 
vessel,  and  shall  remain  on  board  such  vessels  until  they 
arrive  at  the  port  or  place  of  their  destination. 

The  collector  of  each  district  may,  with  the  approval  of  k.s.,  276,3. 
the  Secretary  of  the  Treasury,  provide  and  employ  such 
small  open  row  and  sail  boats,  and  persons  to  serve  in 
them,  as  shall  be  necessary  for  the  use  of  the  surveyors  and 
insi^ectors  in  going  on  board  of  vessels  and  otherwise,  for 
the  better  detection  of  frauds. 

The  cutters  and  boats  employed  in  the  service  of  the  k.  s.,2764. 
revenue  shall  be  distinguished  from  other  vessels  by  an 
ensign  and  pendant,  with  such  marks  thereon  us  shall  be 
prescribed  by  the  President.  If  any  vessel  or  boat,  not 
employed  in  the  service  of  the  revenue,  shall,  within  the 
jurisdiction  of  the  United  States,  carry  or  hoist  any  pend- 
ant or  ensign  prescribed  for  vessels  in  such  service,  the 
master  of  the  vessel  so  offending  shall  be  liable  to  a  pen- 
alty of  one  hundred  dollars. 

NAV  90,  PT  2 19  289 


290  PART  XXX. — REVENUE  CUTTERS. 

K.s.,2765.  Whenever  any  vessel  liable  to  seizure  or  examination 

does  not  bring-to,  on  being  required  to  do  so,  or  on  l)eing 
chased  by  any  cutter  or  boat  which  has  displayed  the  pend- 
ant and  ensign  prescribed  for  vessels  in  the  revenue  serv- 
ice, the  master  of  such  cutter  or  boat  may  fire  at  or  into 
such  vessel  which  does  not  bring-to,  after  such  pendant  and 
ensign  has  been  hoisted,  and  a  gun  has  been  fired  by  such 
cutter  or  boat  as  a  signal ;  and  such  master,  and  all  persons 
acting  by  or  under  his  direction,  shall  be  indemnified  from 
any  penalties  or  actions  for  damages  for  so  doing.  If  any 
person  is  killed  or  wounded  by  such  firing,  and  the  mas- 
ter is  prosecuted  or  arrested  therefor,  he  shall  be  forthwith 
admitted  to  bail. 

July  17, 1884.         Hereafter  revenue  cutters  shall  be  used  exclusively  for 
the  public  service,  and  in  no  way  for  private  purposes. 


Part  XXXI.— REMISSION  OF  FINES  AND 
PENALTIES. 


330.  Remission  of  fines  and  penalties. 

Whenever  any  person  wlio  shall  have  incurred  any  fine,  R.s.,5292. 
penalty,  or  forfeiture,  or  disability,  or  may  be  interested 
ill  any  vessel  or  merchandise  whi(;h  has  become  subject  to 
any  seizure,  forfeiture,  or  disability  by  authority  of  any 
provisions  of  law  for  imposing  or  collecting  any  duties  or 
taxes,  or  relating  to  registering,  recording,  enrolling,  or 
licensing  vessels,  or  providing  for  the  suppression  of  insur- 
rections or  unlawful  combinations  against  the  United 
States,  shall  prefer  his  petition  to  the  judge  of  the  district 
in  which  such  fine,  penalty,  or  forfeiture,  or  disability  has 
accrued,  truly  and  particularly  setting  forth  the  circum- 
stances of  his  case,  and  shall  pray  that  the  same  may  be 
mitigated  or  remitted,  the  judge  shall  incjuire,  in  a  sum- 
mary manner,  into  the  circumstances  of  the  case;  first 
causing  reasonable  notice  to  be  given  to  the  i^erson  claim- 
ing such  tine,  penalty,  or  forfeiture,  and  to  the  attorney  of 
the  United  States  for  such  district,  that  each  may  have  an 
opportunity  of  sliowing  cause  against  the  mitigation  or 
remission  thereof;  and  shall  cause  the  facts  appearing  upon 
such  inquiry  to  be  stated  and  annexed  to  the  petition,  and 
direct  their  transmission  to  the  Secretary  of  the  Treasury. 
The  Secretary  shall  thereupon  have  power  to  mitigate  or 
remit  such  fine,  forfeiture,  or  penalty,  or  remove  such  dis- 
ability, or  any  i)art  thereof,  if,  in  his  opinion,  the  same  was 
incurred  without  willful  negligence,  or  any  intention  of 
fraud  in  the  person  incurring  the  same;  and  to  direct  the 
prosecution,  if  any  has  been  instituted  for  the  recovery 
thereof,  to  cease  and  be  discontinued,  upon  such  terms  or 
conditions  as  he  may  deem  reasonable  and  just. 

The  Secretary  of  the  Treasury  is  authorized  to  prescribe  r.  s.,5293. 
such  rules  and  modes  of  proceeding  to  ascertain  tiie  filets 
upon  which  an  application  for  remission  of  a  line,  penalty, 
or  forfeiture  is  founded,  as  he  deems  proper,  and,  upon 
ascertaining  them,  to  remit  the  tine,  penalty,  or  forfeiture, 
if  in  his  opinion  it  Avas  incurred  without  willful  negligence 
or  fraud,  in  either  of  the  following  cases: 

First.  If  the  tine, penalty,  or  forfeiture  was  imposed  under 
authority  of  any  revenue  law,  and  the  amount  does  not 
exceed  one  thousand  dollars. 

291 


Mar.  2, 1896. 


292        PART    XXXI. REMISSION    OF    FINES    AND    PENALTIES. 

Second.  Where  the  case  occurred  within  either  of  the 
collection-districts  in  the  States  of  California  or  Oregon. 

Third.  If  the  tine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  provisions  of  law  relating  to  the 
importation  of  merchandise  from  foreign  contiguous  terri- 
tory, or  relating  to  manifests  for  vessels  enrolled  or  licensed 
to  carry  on  the  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers. 

M.ir.  3, 1899.  Fifth.  If  the  fine,  i)enalty,  or  forfeiture  was  imposed  by 
authority  of  any  i^rovisions  of  laws  for  levying  or  collect- 
ing any  duties  or  taxes,  or  relating  to  registering,  recording, 
enrolling,  or  licensing  vessels,  and  the  case  arose  within  the 
collection  district  of  Alaska,  or  was  imposed  by  virtue  of 
any  provisions  of  law  relating  to  fur-seals  upon  the  islands 
of  Saint  Paul  and  Saint  George. 

R.s.,5294.  The  Secretary  of  tlie  Treasury  may,  upon  application 

Dec.  15, 1894.  thcrcfor,  remit  or  mitigate  any  fine,  penalty,  or  forfeiture 
provided  for  in  laws  relating  to  vessels  or  discontinue  any 
prosecution  to  recover  penalties  or  relating  to  forfeitures 
denounced  in  such  laws,  excepting  the  penalty  of  imprison- 
ment or  of  removal  from  ofiice,  upon  such  terms  as  he,  in 
his  discretion,  shall  think  proper;  and  all  rights  granted  to 
informers  by  such  laws  shall  be  held  subject  to  the  Secre- 
tary's powers  of  remission,  except  in  cases  where  the  claims 
of  any  informer  to  the  share  of  any  penalty  shall  have  been 
determined  by  a  court  of  competent  jurisdiction  prior  to  the 
application  for  the  remission  of  the  penalty  or  forfeiture; 
and  the  Secretary  shall  have  authority  to  ascertain  tlie 
facts  upon  all  such  applications  in  such  manner  and  under 
such  regulations  as  he  may  deem  proper. 

R.s.,5295.  Any  officer  or  other  person  entitled  to  or  interested  in  a 

part  or  share  of  any  fine,  penalty,  or  forfeiture  incurred 
under  any  law  of  the  United  States,  may  be  examined  as 
a  witness  in  any  of  the  proceedings  for  the  recovery  of  such 
fine,  penalty,  or  forfeiture  by  either  of  the  parties  thereto, 
and  such  examination  shall  not  deprive  such  witness  of  his 
share  or  interest  in  such  fine,  penalty,  or  forfeiture. 

jmie26, 1884.        Whenever  any  fine,  penalty,  forfeiture,  exaction,  or  charge 
Sec.  2c.  arising  under  the  laws  relating  to  vessels  or  seamen  has  been 

paid  to  any  collector  of  customs  or  consularofficer,  and  api)li- 
cation  has  been  made  within  one  year  from  such  payment  for 
the  refunding  or  remission  of  the  same,  the  Secretary  of  the 
Treasury  If  on  investigation  he  finds  that  such  fine,  pen;)lty, 
forfeiture,  exaction,  or  charge  was  illegally,  improperly,  or 
excessively  imposed,  shall  have  the  power,  either  before  or 
after  the  same  has  been  covered  into  the  Treasury,  to  refn  nd 
so  much  of  such  fine,  penalty,  forfeiture,  exaction  or  charge 
as  he  may  think  proper,  from  any  moneys  in  the  Treasury 
not  otherwise  appropriatedo 


Part  XXXII.— CATTLE  AND  LIVE  STOCK  TRADE. 


331.  Regulation  of  cattle  ships. 

332.  Iiisjiection  of  live  8t(>ck. 

333.  Horses  and  horse  meat. 

334.  luspcctiou  of  meat  for  export. 

335.  Interstate  trade. 


336.  Inspection  of  ]>ork  aii<l  bacon. 

337.  Disciisetl  cattle. 

338.  Quarantine  of  live  stock. 

339.  Care  of  cattle  in  domestic  trade 

340.  Neat  cattle. 


331.  Regulation  of  cattle  ships. 

The  Secretary  of  Agriculture  is  Lereby  autliorized  to  Mar.3,i8oi- 
examine  all  vessels  which  are  to  carry  exi)ort  cattle  from 
the  ports  of  the  United  States  to  foreign  countries,  and  to 
])roscribe  by  rules  and  regulations  or  orders  the  accommo- 
dations which  said  vessels  shall  provide  for  export  cattle, 
as  to  space,  ventilation,  fittings,  food  and  water  supply 
and  such  other  requirements  as  he  may  decide  to  be  neces- 
sary for  the  safe  and  proper  transi)ortatiou  and  humane 
treatment  of  such  animals. 

Whenever  the  owner,  owners,  or  master  of  any  vessel  sec.2. 
carrying  export  cattle  shall  willfully  violate  or  cause  or  per- 
mit to  be  violated  any  rule,  regulation  or  order  made  pur- 
suant to  the  foregoing  section  the  vessel  in  respect  of  which 
such  violation  shall  occur  may  be  prohibited  from  again 
carrying  cattle  from  any  port  of  the  United  States  for  such 
length  of  time,  not  exceeding  one  year,  as  the  Secretary  of 
Agriculture  may  direct,  and  such  vessel  shall  be  refused 
clearance  from  any  port  of  the  United  States  accordingly. 

332.  Inspection  of  live  stock. 

The  Secretary  of  Agriculture  shall  cause  to  be  made  a  Mar.3,i89i. 
careful  inspection  of  all  cattle  intended  for  export  to  foreign 
countries  from  the  United  States,  at  such  times  and  places, 
and  in  such  manner,  as  he  may  think  i)roi)er,  with  a  view 
to  ascertaiuing  whether  such  cattle  are  free  from  disease; 
and  for  this  purpose  he  may  aj)point  inspectors,  who  shall 
be  authorized  to  give  an  official  certificate  clearly  stating 
the  condition  in  which  such  animals  are  found,  and  no 
clearance  shall  be  given  to  any  vessel  ha\iiigon  board  cat- 
tle for  exportation  to  a  foreign  country  unless  the  owner  or 
shii)per  of  such  cattle  has  a  certificate  from  the  inspector 
herein  authorized  to  be  appointed,  stating  that  said  cattle 
are  sound  and  Iree  from  disease. 


333.  Horses  and  horse  meat. 


Live  horses  and  the  carcasses  and  products  thereof  be    ^iar.22,i898. 
entitled  to  the  same  Inspection  as  other  animals,  carcasses, 


293 


294  PART    XXXII. CATTLE    AND    LIVE    STOCK    TRADE, 

and  products  thereof,  liereiu  named:  Provided  further, 
That  the  Secretary  of  Agriculture  may  in  his  discretion 
waive  the  requirement  of  a  certiticate  with  beef  or  other 
products,  which  are  exported  tc  countries  that  do  not 
require  such  inspection. 

334.  Inspection  of  meat  for  export. 

Mar.  ;i,  1891.        The  Secretary  of  Agriculture  shall  also  cause  to  be  made 
Sec.  2.  a  careful  inspection  of  all  live  cattle,  the  meat  of  which. 

Mar.  2,  i89o.  fj>ggij^  saltcd,  cauucd,  corned,  packed,  cured,  or  otherwise 
prepared,  is  intended  for  exportation  to  any  foreign  coun- 
try, at  such  times  and  places,  and  in  such  manner  as  he 
may  think  proper,  with  a  view  to  ascertain  whether  said 
cattle  are  free  from  disease,  and  their  meat  sound  and  whole- 
some, and  may  a|)point  inspectors  who  shall  be  authorized 
to  give  an  official  certificate  clearly  stating  the  condition 
in  which  such  cattle  and  meat  are  found,  and  no  clearance 
shall  be  given  to  any  vessel  having  on  board  any  fresh, 
salted,  canned,  corned,  or  packed  beef  for  exportation  to 
and  sale  in  a  foreign  country  from  any  port  in  the  United 
States  until  the  owner  or  shipper  sluill  obtain  from  an 
inspector  appointed  under  the  provisions  of  this  act  a  cer- 
tificate that  said  cattle  were  free  from  disease  and  that  their 
meat  is  sound  and  wholesome. 

Mar.  3, 1891.        The  Secretary  of  Agriculture  shall  cause  to  be  inspected 
Sec.  3.  j)rior  to  their  slaughter,  all  cattle,  sheep,  and  hogs  which 

are  subjects  of  interstate  commerce  and  which  are  about  to 
be  slaughtered  at  slaughter-houses,  canning,  salting,  i)ack- 
ing  or  rendering  establishments  in  any  State  or  Territory, 
the  carcasses  or  products  of  which  are  to  be  transported 
and  sold  for  human  consumption  in  any  other  State  or 
Territory,  or  the  District  of  Columbia.  And  in  addition  to 
the  aforesaid  inspection,  tliere  may  be  made  in  all  cases 
where  the  Secretary  of  Agriculture  may  deem  necessary  or 
expedient,  under  rules  and  regulations  to  be  by  him  pre- 
scribed, a  post  mortem  examination  of  the  carcasses  of  all 
cattle,  sheep,  and  hogs  about  to  be  prepared  for  human 
consumption  at  any  slaughter-house,  canning,  salting,  pack- 
ing or  rendering  establishment  in  any  State  or  Territory, 
or  the  District  of  Columbia  which  are  the  subjects  of  inter- 
state commerce. 

Sec.  4.  Said  examination  shall  be  made  in  the  manner  provided 

Mar.  2, 1895.  \)y  rulcs  and  regulations  to  be  prescribed  by  the  Secretary 
of  Agriculture,  and  after  said  examination  the  carcasses 
and  products  of  all  cattle,  sheep,  and  swine  found  to  be  free 
of  disease  and  wholesome,  sound,  and  fit  for  human  food 
shall  be  marked,  stamped,  or  labeled  for  identification  as 
may  be  provided  by  said  rules  and  regulations  of  tlie  Sec- 
retary of  Agriculture.  Any  person  who  shall  forge,  coun- 
terfeit, simulate,  imitate,  falsely  represent,  or  use  without 
authority,  or  knowingly  and  wrongfully  alter,  deface,  or 
destroy  any  of  the  marks,  stamps,  or  other  devices  provided 
for  in  the  regulations  of  tlie  Secretary  of  Agriculture,  of  any 
such  carcasses  or  their  products,  or  who  shall  forge,  coun- 


Sec.  1. 


PART    XXXII. CATTLE    AND    LIVE    STOCK    TRADE.  295 

terfeit,  simulate,  imitate,  falsely  represent,  or  use  without 
authority,  or  kuowingly  and  wrongfully  alter,  deface,  or 
destroy  any  certiticate  or  stamp  provided  in  said  re<iula- 
tions,  shall  be  deemed  j;uilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  line  not  exceeding 
one  thousand  dollars,  or  imprisonment  not  exceeding  one 
year,  or  by  both  said  punishments,  in  the  discretion  of  the 
court. 

335.  Interstate  trade. 

The  Secretary  of  Agriculture  is  hereby  authorized  to  ^ar.  3,  i89i. 
make  such  rules  and  reguhitions  as  he  may  decide  to  be  ''*"'•  ^• 
necessary  to  prevent  the  trans])ortation  from  one  State  or  ^^^'^'  ^^^^' 
Territory  or  the  District  of  Columbia,  into  any  other  State 
or  Territory  or  the  District  of  Cohmibia.  or  to  any  foreign 
country,  of  the  condemned  carcasses  or  parts  of  carcasses 
of  cattle,  sheep,  and  swine,  which  have  been  inspected  in 
accordance  with  the  provisions  of  this  act.  Any  person, 
company,  or  corporation  owning  or  operating  any  such 
slaughter-house,  abattoir,  or  meat  curing,  packing,  or  can- 
ning establishment,  or  any  employee  of  the  same,  that  shall 
willfully  violate  any  provision  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  punished  for  each  offense  by  a  fine  not  exceeding  one 
thousand  dollars  or  imprisonment  not  exceeding  one  year, 
or  by  both  said  punishments,  in  the  discretion  of  the  court. 

It  shall  be  unlawful  for  any  person  to  transport  from  one  Mar.  3,  i89i. 
State  or  Territory  or  the  District  of  Columbia  into  any  ^^^'  ^■ 
other  State  or  Territory  or  the  District  of  Columbia,  or 
for  any  person  to  deliver  to  another  for  transportation  Irom 
one  State  or  Territory  or  the  District  of  Columbia  into 
another  State  or  Territory  or  the  District  of  Columbia  the 
carcasses  of  any  cattle,  sheep,  or  swine,  or  the  food  prod- 
ucts thereof,  which  have  been  examined  in  accordance  with 
the  provisions  of  sections  three  and  four  of  this  act,  and 
which  on  said  examination  have  been  declared  by  the  in- 
spector making  the  same  to  be  unsound  or  diseased.  Any 
person  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  punished  for  each 
offense  as  provided  in  section  four  of  this  act. 

The  inspectors  provided  for  in  sections  one  and  two  of  Sec.  6. 
this  act  shall  be  authorized  to  give  ofticial  certificates  of  the 
sound  and  wholesome  condition  of  the  cattle,  sheep,  and 
swine,  their  carcasses  and  products  described  in  sections 
three  and  four  of  this  act,  and  one  copy  of  every  certiticate 
granted  under  the  provisions  of  this  act  shall  be  filed  in  the 
Department  of  Agriculture,  another  copy  shall  be  delivered 
to  the  owner  or  ship]>er,  and  when  the  cattle,  sheep,  and 
swine,  or  their  carcasses  and  products  are  sent  abroad,  a 
third  copy  shall  be  delivered  to  the  chief  officer  of  the  ves- 
sel on  which  the  shipment  shall  be  made. 

None  of  the  provisions  of  this  act  shall  be  so  construed    ^ec.  7. 
as  to  apply  to  any  cattle,  sheep,  or  swine  slaughtered  by 
any  farmer  upon  his  farm,  which  may  be  transx)orted  from 


296  PART    XXXII. CATTLE    AND    LIVE    STOCK    TRADE. 

one  state  or  Territory  or  tlie  District  of  Columbia  into 
another  State  or  Territory  or  tlie  District  of  Columbia: 
Provided,  however.  That  it  the  carcasses  of  such  cattle, 
sheep,  or  swine  go  to  any  i)acking'  or  canning  establish- 
ment and  are  intended  for  trans|)ortation  to  any  other 
State  or  Territory  or  the  District  of  Cohnnbia  as  hereinbe- 
fore provided,  they  shall  there  be  subject  to  the  post  mor- 
tem examination  provided  for  in  sections  three  and  four  of 
this  act. 

336.  Inspection  of  pork  and  bacon. 

Aug.  30, 1890.  The  Secretary  of  Agriculture  may  cause  to  be  made  a 
careful  inspection  of  salted  pork  and  bacon  intended  for 
exportation,  with  a  view  to  determining  whether  the  same 
is  wholesome,  sound,  and  lit  for  human  food  whenever  the 
laws,  regulations,  or  orders  of  the  Government  of  any  for- 
eign country  to  which  such  pork  or  bacon  is  to  be  exported 
shall  require  inspection  thereof  relating  to  the  importation 
thereof  into  such  country,  and  also  whenever  any  buyer, 
seller,  or  exporter  of  such  meats  intended  for  exportation 
shall  re(}uest  the  inspection  thereof  Such  inspection  shall 
be  made  at  the  i)lace  where  such  meats  are  packed  or  boxed, 
and  each  package  of  such  meats  .so  inspected  shall  bear  the 
marks,  stamps,  or  other  device  for  identification  provided 
for  in  the  last  clause  of  this  section :  Provided,  That  an 
inspection  of  such  meats  may  also  be  made  at  the  place  of 
exportation  if  an  inspection  has  not  been  made  at  the  place 
of  packing,  or  if  in  the  opinion  of  the  Secretary  of  Agricul- 
ture, a  re-inspection  becomes  necessary.  One  copy  of  any 
certificate  issued  by  any  such  inspector  shall  be  filed  in  the 
Department  of  Agriculture;  another  copy  shall  be  attached 
to  the  invoice  of  each  separate  shipment  of  such  meat,  and 
a  third  copy  shall  be  delivered  to  the  consignor  or  shipper 
of  such  meat  as  evidence  that  packages  of  salted  pork  and 
bacon  have  been  inspected  in  accordance  with  the  provi- 
sions of  this  act  and  found  to  be  wholesome,  sound,  and  fit 
for  human  food ;  and  for  the  identification  of  the  same  such 
marks,  stamps,  or  other  devices  as  the  Secretary  of  Agri- 
culture may  by  regulation  prescribe  shall  be  affixed  to  each 
of  such  packages.  Any  person  who  shall  forge,  counter- 
feit, or  knowingly  and  wrongfully  alter,  deface,  or  destroy 
any  of  the  marks,  stamps,  or  other  devices  provided  for  in 
this  section  on  any  package  of  any  such  meats,  or  who  shall 
forge,  counterfeit,  or  knowingly  and  wrongfully  alter, 
deface,  or  destroy  any  certitlcate  in  reference  to  meats  pro- 
vided for  in  this  section,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars  or  imprisonment 
not  exceeding  one  year,  or  by  both  said  punishments,  in  the 
discretion  of  the  court. 

337.  Diseased  caiile. 

Aug.30, i?9'.  rpj^p  importation  of  neat  cattle,  sheep,  and  other  rumi- 
nants, and  swine,  which  are  diseased  or  infected  with  any 
disease,  or  which  shall  have  been  exposed  to  such  infection 
within  sixty  days  next  before  their  exportation,  is  hereby 


PART    XXXII. — CATTLE    AND    LIVE    STOCK    TRADE.  297 

prohibited;  and  any  person  wlio  shall  kiiowinjily  violate 
the  forejioin^-  i)ro\  ision  shall  be  deemed  guilty  of  a  iiiis<le- 
meanor,  and  shall,  on  conviction,  be  punished  l)y  a  fine  not 
exceeding  five  thousand  dollars,  or  by  imprisonment  not 
exceeding  three  years,  and  any  vessel  or  vehicle  used  in 
such  unlawful  importation  with  the  knowledge  of  the  mas- 
ter or  owner  of  said  vessel  or  vehicle  that  such  importation 
is  diseased  or  has  been  exposed  to  infection  as  herein  de- 
scribed, shall  be  forfeited  to  the  United  states. 

338.  Quarantine  of  live  stoc/(. 

The  Secretary  of  Agriculture  be,  and  is  hereby,  author-  Aug.ao.isao. 
ized,  at  the  expense  of  the  owner,  to  place  and  retain  in  ^^c.i. 
quarantine  all  neat  cattle,  shee]),  and  other  ruminants,  and 
all  swine,  imported  into  the  United  States,  at  such  ports 
as  he  may  designate  for  such  i)urpose,  and  under  such  con- 
ditions as  he  may  by  regulation  prescribe,  respectively,  for 
the  several  classes  of  animals  above  described ;  and  for  this 
purpose  he  may  have  and  maintain  possession  of  all  lands, 
buildings,  animals,  tools,  fixtures,  and  appurtenances  now 
in  use  for  the  quarantine  of  neat  cattle,  and  hereafter  pur- 
chase, construct,  or  rent  as  may  be  necessary,  and  he  may 
appoint  veterinary  surgeons,  inspectors,  ofiicers,  and  em- 
ployees by  him  deemed  necessary  to  maintain  such  quaran- 
tine, and  provide  for  the  execution  of  the  other  provisions 
of  this  act. 

The  importation  of  all  animals  described  in  this  act  into  sec.s. 
any  port  in  the  United  States,  except  such  as  may  be  des- 
ignated by  the  Secretary  of  Agriculture,  with  the  approval 
of  the  Secretary  of  the  Treasury,  as  quarantine  stations, 
is  hereby  prohibited ;  and  the  Secretary  of  Agriculture  may 
cause  to  be  slauglitered  such  of  the  animals  named  in  this 
actasmay  be,  underregulations  prescribed  by  him,  adjudged 
to  be  infected  with  any  contagious  disease,  or  to  have  been 
exposed  to  infection  so  as  to  be  dangerous  to  other  animals; 
and  that  the  value  of  animals  so  slaughtered  as  being  so 
exposed  to  infection  but  not  infected  may  be  ascertained 
by  the  agreement  of  the  Secretary  of  Agriculture  and 
owners  thereof,  if  practicable;  otherwise,  by  the  appraisal 
by  two  ])ersons  familiar  Avith  the  character  and  value  of 
such  i)roperty,  to  be  a])pointed  by  the  Secretary  of  Agricul- 
ture, whose  decision,  if  they  agree,  shall  be  final;  other- 
wise the  Secretary  of  Agriculture  shall  decide  between 
them,  and  his  decision  shall  be  final;  and  the  amount  of 
tlie  value  thus  ascertained  shall  be  paid  to  the  owner 
tliereof  out  of  money  in  the  Treasury  ap])ropriated  lor  the 
use  of  the  Bureau  of  Animal  Industry;  but  no  i)ayment 
shall  be  made  for  any  animal  imported  in  violation  of  the 
provisions  of  this  act. 

If  any  animals  subject  to  quarantine  according  to  the  ])ro- 
visions  of  this  act  are  brougiit  into  any  port  of  the  United 
States  where  no  (piarantine  station  is  established  the  col- 
lector of  such  port  shall  require  the  sanu'  to  be  conveyed 
by  the  vessel  on  which  they  are  im])orted  or  are  found  to 
the  nearest  quarantine  station,  at  the  expense  of  the  owner. 


298  PART    XXXII. CATTLE    AND    LIVE    STOCK    TRADE. 

Sec. 9.  Whenever,  in  the  opinion  of  the  President,  it  shall  be 

necessary  for  the  protection  of  animals  in  the  United  States 
against  infectious  or  contagious  diseases,  he  may,  by  proc- 
lamation, suspend  the  imi)ortation  of  all  or  any  class  of 
animals  for  a  limited  time,  and  may  change,  modify,  revoke, 
or  renew  such  proclamation,  as  the  public  good  may  require ; 
and  during  the  time  of  such  suspension  the  importation  of 
any  such  animals  shall  be  unlawful. 

Sec.  10.  The  Secretary  of  Agriculture  shall  cause  careful  inspec- 

tion to  be  made  by  a  suitable  officer  of  all  imported  animals 
described  in  this  act,  to  ascertain  whether  such  animals  are 
inl'ected  with  contagious  diseases  or  have  been  exposed  to 
infection  so  as  to  be  dangerous  to  other  animals,  which  shall 
then  either  be  placed  in  quarantine  or  dealt  with  according 
to  the  regulations  of  the  Secretary  of  Agriculture;  and  all 
food,  litter,  manure,  clothing,  utensils,  and  other  appliances 
that  have  been  so  related  to  such  animals  on  board  ship  as 
to  bo  judged  liable  to  convey  infection  shall  be  dealt  with 
according  to  the  regulations  of  the  Secretary  of  Agri- 
culture; 

And  the  Secretary  of  Agriculture  may  cause  inspection 
to  be  made  of  all  animals  described  in  this  act  intended  for 
exportation,  and  provide  for>the  disinfection  of  all  vessels 
engaged  in  the  transportation  thereof,  and  of  all  barges  or 
other  vessels  used  in  the  conveyance  of  such  animals 
intended  for  export  to  the  ocean  steamer  or  other  vessels, 
and  of  all  attendants  and  their  clothing,  and  of  all  head- 
ropes  and  other  appliances  used  in  such  exportation,  by  such 
orders  and  regulations  as  he  may  prescribe;  and  if,  upon 
such  inspection,  any  such  animals  shall  be  adjudged,  un- 
der the  regulations  of  the  Secretary  of  Agriculture,  to  be 
infected  or  to  have  been  exposed  to  infection  so  as  to  be  dan- 
gerous to  other  animals,  they  shall  not  be  allowed  to  be 
placed  upon  any  vessel  for  exportation :  the  expense  of  all 
the  inspection  and  disinfection  provided  for  in  this  section 
to  be  borne  by  the  owners  of  the  vessels  on  which  such 
animals  are  exported. 

339.  Care  of  caitle  in  domestic  trade. 

R.  s.,  4386.  No  railroad  company  within  the  United  States  whose  road 

forms  any  part  of  a  line  of  road  over  which  cattle,  sheep, 
swine,  or  other  animals  are  conveyed  from  one  State  to  an- 
other, or  the  owners  or  masters  of  steam,  sailing,  or  other 
vessels  carrying  or  transporting  cattle,  sheep,  swine,  or 
other  animals  from  one  State  to  another,  shall  confine  the 
same  in  cars,  boats,  or  vessels  of  any  description,  for  a 
longer  period  than  twenty-eight  consecutive  hours,  without 
unloading  the  same  for  rest,  water,  and  feeding,  for  a  pe 
riod  of  at  least  five  consecutive  hours,  unless  prevented 
from  so  unloading  by  storm  or  other  accidental  causes.  In 
estimating  such  confinement  the  time  during  which  the 
animals  have  been  confined  without  such  rest  on  connect- 
ing roads  from  which  they  are  received  shall  be  included, 
it  being  the  intent  of  this  section  to  prohibit  their  contin- 
uous confinement  beyond  the  period  of  twenty-eight  hours, 
except  ui)on  contingencies  hereinbefore  stated. 


PART    XXXII. — CATTLE    AND    LIVIC    STOCK    TRADE.  299 

Animals  so  unloaded  shall  be  properly  fed  and  watered  ^^  ^-  *'^^' 
during  such  rest  by  tlie  owner  or  person  liaving  the  cus- 
tody thereof,  or  in  case  of  his  default  in  so  doing,  then  by 
the  railroad  company  or  owners  or  masters  of  boats  or 
vessels  transporting  tlie  same  at  the  exj^ense  of  the  owner 
or  person  in  custody  thereof;  and  such  company,  owners, 
or  masters  shall  in  such  case  have  a  lien  upon  such  animals 
for  food,  care,  and  custody  furnished,  and  shall  not  be 
liable  for  any  detention  of  such  animals. 

Any  company,  owner,  or  custodian  of  such  animals  who  "•  «••  •loss. 
knowingly  and  willingly  fails  to  comply  with  the  provisions 
of  the  two  i^recediug  sections,  shall,  for  every  such  failure, 
be  liable  for  and  forfeit  and  pay  a  penalty  of  not  less  than 
one  hundred  nor  more  than  live  hundred  dollars.  But 
when  animals  are  carried  in  cars,  boats,  or  other  vessels  in 
which  they  can  and  do  have  proper  food,  water,  space,  and 
op))ortunity  to  rest,  the  provisions  in  regard  to  their  being 
unloaded  shall  not  apply. 

The  penalty  created  by  the  preceding  sections  shall  be  us,  4339. 
recovered  by  civil  action  in  the  name  of  the  United  States, 
in  the  circuit  or  district  court  of  the  United  States,  holden 
within  the  district  where  the  violation  may  have  been  com- 
mitted, or  the  person  or  corporation  resides  or  carries  on 
its  business;  and  it  shall  be  the  duty  of  all  United  States 
marshals,  their  deputies  and  subordinates,  to  prosecute  all 
violations  which  come  to  their  notice  or  knowledge. 

Any  person  or  corporation  entitled  to  a  lien  under  section  R.  s.,  4390. 
forty-three  hundred  and  eighty-seven  may  enforce  the  same 
by  a  petition  filed  in  the  district  court  holden  within  the 
district  where  the  food,  care,  and  custody  have  been  fur- 
nished, or  the  owner  or  custodian  of  the  property  resides; 
and  the  court  shall  have  power  to  issue  all  suitable  process 
for  the  enforcement  of  such  lien  by  sale  or  otherwise,  and 
to  compel  the  payment  of  all  costs,  penalties,  charges, 
and  expenses  of  proceedings  under  the  provisions  of  this 
and  the  preceding  sections. 

340.  NeaicaWe. 

The  importation  of  neat  cattle  and  the  hides  of  neat  cat-  AnK.28,i894. 
tie  from  any  foreign  country  into  the  United  States  is  i)ro-  j^'j'.^g^ 
hibited:  rrovided,  That  the  operation  of  this  section  shall  sec!25. 
be  suspended  as  to  any  foreign  country  or  countries,  or  any 
parts  of  such  country  or  countries,  whenever  the  Secretary 
of  the  Treasury  shall  officially  determine,  and  give  i)ublic 
notice  thereof  that  such  importation  will  not  tend  to  the 
introduction  or  spread  of  contagious  or  infectious  diseases 
among  the  cattle  of  the  United  States;  and  the  Secretary 
of  the  Treasury  is  hereby  authorized  and  empowered,  and 
it  shall  be  his  duty,  to  make  all  necessary  orders  and  reg- 
ulations to  carry  this  section  into  effect,  or  to  susi)eM(l  the 
same  as  herein  provided,  and  to  send  copies  thereof  to  the 
proper  officers  in  the  United  States,  and  to  such  oriicei's  or 
agents  of  the  United  States  in  foreign  countries  as  he  shall 
judge  necessary 


July  24, 1897. 


300  PART    XXXII. CATTLE    AND    LIVE    STOCK    TRADE. 

Aug.  28, 1894.        Any  person  convicted  of  a  willful  violation  of  any  of  the 
Sec.  18.  provisions  of  the  preceding  section  shall  be  fined  not  ex- 

•'^^'y^^^' ^^^^     ceeding  live  hundred  dollars,  or  imprisoned  not  exceeding 
sec.2o.  ^^^^  year,  or  both,  in  the  discretion  of  the  court- 

Whenever  the  Secretary  of  Agriculture  shall  certify  to 
the  President  of  the  United  States  what  countries  or  parts 
of  countries  are  free  from  contagious  or  infectious  diseases 
of  domestic  animals,  and  that  neat  cattle,  domestic  animals, 
Apr.  14, 1896.  aiid  liidcs  can  be  imi)orted  from  such  countries  without 
danger  to  the  domestic  animals  of  the  United  States,  the 
President  of  the  United  States  may  suspend  the  prohibi- 
tion of  the  importation  of  neat  cattle,  domestic  animals, 
Apr. 23, 1897.  and  hldcs,  in  the  manner  provided  by  law.  That  the  Presi- 
dent be,  and  he  i.s  hereby,  authorized  to  cause  correspondence 
and  negotiation  to  be  had,  through  the  Department  of  State 
or  otherwise,  with  the  authorities  of  the  Kingdom  of  Great 
Britain,  for  the  purpose  of  securing  the  abrogation  or 
moditication  of  the  regulations  now  enforced  by  said 
authorities  which  require  cattle  imported  into  Great  Britain 
from  the  United  States  of  America  to  be  slaughtered  at  the 
port  of  entry,  and  prohibiting  the  same  from  being  carried 
alive  to  other  places  in  said  Kingdom. 


Part  XXXIII.— ADULTERATKT)  PRODUCTS. 


341.  General  provision.  |  342.  Adultorateil  fooil  piodiutH. 

341.  General  provision. 

The  Secretary  of  Agriculture,  whenever  he  has  reason  to  ^f=i'  i  is"9- 
believe  that  articles  are  beiug"  imported  from  foreign  conn- 
tries  which  are  dangerous  to  the  health  of  the  people  of  the 
United  States,  shall  make  a  request  upon  the  Secretary  of 
the  Treasury  for  sami)les  from  original  packages  of  such 
articles  for  inspection  and  analysis,  and  the  Secretary  of 
the  Treasury  is  hereby  authorized  to  open  such  original 
packages  and  deliver  specimens  to  the  Secretary  of  Agri- 
culture for  the  purpose  mentioned,  giving  notice  to  the 
owner  or  consignee  of  such  articles  who  may  be  present 
and  have  the  right  to  introduce  testimony;  and  the  Secre- 
tary of  the  Treasury  shall  refuse  delivery  to  the  consignee 
of  any  goods  which  the  Secretary  of  Agriculture  reiiorts  to 
him  have  been  inspected  and  analyzed  and  found  to  be 
dangerous  to  health. 

342.  Adulterated  food  products. 

It  shall  be  unlawful  to  import  into  the  United  States  any  Aug. 3o,  ism 
adulterated  or  unwholesome  food  or  drug  or  any  vinous,  soc.2. 
spirituous  or  malt  li(juors,  adulterated  or  mixed  with  any 
poisonous  or  noxious  chemical  drug  or  other  ingredient 
injurious  to  health.  Any  person  who  shall  knowingly 
import  into  the  United  States  any  such  adulterated  food  or 
drug,  or  drink,  knowing  or  having  reasons  to  believe  the 
same  to  be  adulterated,  being  the  owner  or  the  agent  of  the 
owner,  or  the  consignor  or  consignee  of  the  owner,  or  in 
privity  with  them,  assisting  in  such  unlawful  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  liable  to  prosecution 
therefor  in  the  district  court  of  the  United  States  for  the 
district  into  which  such  ])roperty  is  imported;  and,  on  con- 
viction, such  person  shall  be  fined  in  a  sum  not  exceeding 
one  thousand  dollars  for  each  separate  shipment,  and  may 
be  imprisoned  by  the  court  for  a  term  not  exceeding  one 
year,  or  both,  at  the  discretion  of  the  court. 

Any  article  designed  for  consumption  as  human  food  or  Scc.s. 
drink,  and  any  other  article  of  the  classes  or  descrii)tion 
mentioned  in  this  act,  which  shall  be  imported  into  the 
United  States  contrary  to  its  provisions,  shall  be  ibrfeited 
to  the  United  States,  and  shall  be  proceeded  against  under 
the  provisions  ot  chapter  eighteen  of  title  thirteen  of  the 
Revised  Statutes  of  the  United  States  [R.  S.  911-1042;] 

301 


302  PART   XXXIII. ADULTERATED    PRODUCTS. 

And  such  imported  property  so  declared  forfeited  may 
be  destroyed  or  returned  to  the  importer  for  exportation 
from  the  United  States  after  the  payment  of  all  costs  and 
expenses,  under  such  regulations  as  the  Secretary  of  the 
Treasnry  may  prescribe;  and  the  Secretary  of  the  Treas- 
ury may  cause  such  imported  articles  to  be  insf)ected  or 
examined  in  order  to  ascertain  whether  the  same  have  been 
so  unlawfully  imported. 

Sec.  4.  Whenever  the  President  is  satisfied  that  there  is  good 

reason  to  believe  that  any  importation  is  being  made,  or  is 
about  to  be  made,  into  the  United  States,  from  any  foreign 
country,  of  any  article  used  for  human  food  or  drink  that 
is  adulterated  to  an  extent  dangerous  to  the  health  or  wel- 
fare of  the  people  of  the  United  States,  or  any  of  them,  he 
may  issue  his  proclamation  suspending  the  importation  of 
such  articles  from  such  country  for  such  period  of  time  as 
he  may  think  necessary  to  prevent  such  importation;  and 
during  such  period  it  shall  be  unlawful  to  import  into  the 
United  States  from  the  countries  designated  in  the  i)rocla- 
mation  of  the  President  any  of  the  articles  the  importation 
of  which  is  so  suspended. 


Part  XXXIV.— TEA  TRADE. 


343.  Tea  trade. 

It  shall  be  unlawful  for  auy  person  or  persons  or  corpor-  ^'"'■•''^'  '**"''• 
ation  to  import  or  bring  into  the  United  States  any  nier- 
chandise  as  tea  Avhich  is  inferior  in  ])nrity,  <[uality,  and  lit- 
ness  for  consumption  to  the  standards  ])rovided  in  section 
three  of  this  Act,  and  the  importation  of  all  such  merchan- 
dise is  herewith  prohibited. 

Immediately  after  the  passage  of  this  Act,  and  on  or  Sec.  2. 
before  February  fifteenth  of  each  year  thereafter,  the  Sec- 
retary of  the  Treasury  shall  appoint  a  board,  to  consist  of 
seven  members,  each  of  whom  shall  be  an  expert  in  teas, 
and  who  shall  prepare  and  submit  to  him  standard  samples 
of  tea;  that  the  i)ersons  so  appointed  shall  be  at  all  times 
subject  to  removal  by  the  said  Secretary,  and  shall  serve 
for  the  term  of  one  year;  that  vacancies  in  the  said  board 
occurring  by  removal,  death,  resignation,  or  any  other  cause 
shall  be  forthwith  tilled  by  the  Secretary  of  the  Treasury  by 
aitpointment,  such  appointee  to  hold  for  the  unexpired  term; 
that  said  board  shall  appoint  a  presiding  officer,  who  shall 
be  the  medium  of  all  communications  to  or  from  such  board ; 
that  each  member  of  said  board  shall  receive  as  compensa- 
tion the  sum  of  fifty  dollars  per  annum,  which,  together  with 
all  necessary  expenses  while  engaged  upon  the  duty  herein 
l)rovided,  shall  be  paid  out  of  the  appropriation  for  "  expenses 
of  collecting  the  revenue  from  customs." 

The  Secretary  of  the  Treasury,  upon  the  recommendation  sec.  3. 
of  the  said  board,  shall  fix  and  establish  uniform  standards 
of  purity,  quality,  and  fitness  for  consumption  of  all  kinds 
of  teas  imported  into  the  United  States,  and  shall  procure 
and  deposit  in  the  custom-houses  of  the  ports  of  New  York, 
Chicago,  San  Francisco,  and  such  other  ports  as  he  may 
determine,  dujdicate  samples  of  such  standards;  that  said 
Secretary  shall  procure  a  sufficient  number  of  other  dupli- 
cate samples  of  such  standards  to  supply  the  importers  and 
dealers  in  tea  at  all  ports  desiring  the  same  at  cost.  All 
teas,  or  merchandise  described  as  tea,  of  inferior  purity, 
quality,  and  fitness  for  consumption  to  such  standards  shall 
be  deemed  within  the  prohibition  of  the  first  section  hereof. 

On  making  entry  at  the  custom  house  of  all  teas,  or  nier-  •'^c'=-  ^^ 
chandise  described  as  tea,  imported  into  the  United  States, 
the  importer  or  consignee  shall  give  a  bond  to  the  collector 
of  the  port  that  such  merchandise  shall  not  be  removed 
from  the  warehouse  until  released  by  the  collector,  after  it 
shall  have  been  duly  examined  with  reference  to  its  purity, 


304  PART    XXXIV. TEA    TRADE. 

(quality,  and  fitness  for  consumption ;  that  for  the  purpose 
of  such  examination  samples  of  each  line  in  every  invoice  of 
tea  shall  be  submitted  by  the  importer  or  consignee  to  the 
examiner,  together  with  the  sworn  statement  of  such  importer 
or  consignee  that  such  samples  represent  the  true  quality 
of  each  and  every  part  of  the  invoice  and  accord  with  the 
specifications  therein  contained ;  or  in  the  discretion  of  the 
Secretary  of  the  Treasury,  such  samples  shall  be  obtained 
by  the  examiner  and  compared  by  him  with  the  standards 
established  by  this  Act;  and  in  cases  where  said  tea,  or 
merchandise  described  as  tea,  is  entered  at  ports  where  there 
is  no  qualified  examiner  as  provided  in  section  seven,  the 
consignee  or  importer  shall  in  the  manner  aforesaid  furnish 
under  oath  a  sample  of  each  line  of  tea  to  the  collector  or 
other  revenue  ofiicer  to  whom  is  committed  the  collection  of 
duties,  and  said  officer  shall  also  draw  or  cause  to  be  drawn 
samples  of  each  line  in  every  invoice  and  shall  forward  the 
same  to  a  duly  qualified  examiner  as  ])rovided  in  section 
seven :  Provided,  hotcever^  That  the  bond  above  required 
shall  also  be  conditioned  for  thepayment  of  all  custom  house 
charges  which  may  attach  to  such  merchandise  prior  to  its 
being  released  or  destroyed  (as  the  case  may  be)  under  the 
provisions  of  this  Act. 

Sec.  5.  If,  after  an  examination  as  provided  in  section  four,  the 

tea  is  found  by  the  examiner  to  be  equal  in  purity,  quality, 
and  fitness  for  consumption  to  the  standards  hereinbefore 
provided,  and  no  reexamination  shall  be  demanded  by  the 
collector  as  provided  in  section  six,  a  permit  shall  at  once 
be  granted  to  the  importer  or  consignee  declaring  the  tea 
free  from  the  control  of  the  customs  authorities;  but  if  on 
examination  such  tea,  or  merchandise  described  as  tea,  is 
found,  in  the  opinion  of  the  examiner,  to  be  inferior  in 
purity,  quality,  and  fitness  for  consumption  to  the  said 
standards  the  importer  or  consignee  shall  be  immediately 
notified,  and  the  tea,  or  merchandise  described  as  tea,  shall 
not  be  released  by  the  custom-house,  unless  on  a  reexamina- 
tion called  for  by  the  importer  or  consignee  the  finding  of 
the  examiner  shall  be  found  to  be  erroneous :  Provided,  That 
should  a  portion  of  the  invoice  be  joassed  by  the  examiner, 
a  i)ermit  shall  be  granted  for  that  portion  and  the  remainder 
held  for  further  examination,  as  provided  in  section  six. 

Sec. 6.  In  case  the  collector,  importer,  or  consignee  shall  protest 

against  the  finding  of  the  examiner,  the  matter  in  dispute 
shall  be  referred  for  decision  to  a  f)oard  of  three  United 
States  general  appraisers,  to  be  designated  by  the  Secre- 
tary of  the  Treasury,  and  if  such  board  shall,  after  due 
examination,  find  the  tea  in  question  to  be  equal  in  purity, 
quality,  and  fitness  for  consumption  to  the  proper  standards, 
a  permit  shall  be  issued  by  the  collector  for  its  release  and 
delivery  to  the  importer;  but  if  uj^on  such  final  reexamina 
tion  by  su(;h  board  the  tea  shall  be  found  to  be  inferior  in 
purity,  quality,  and  fitness  for  consumption  to  the  said 
standards,  the  importer  or  consignee  shall  give  a  bond,  with 
security  satisfactory  to  the  collector,  to  export  said  tea,  or 
merchandise  described  as  tea,  out  of  the  limits  of  the  United 


PART    XXXIV. TEA    TRADE.  305 

States  within  n  i)erind  of  six  iiiontlis  after  such  final  reex- 
amination; and  if  the  same  shall  not  have  been  exported 
within  the  time  speeilied,  the  collector,  at  the  expiration  of 
that  time,  shall  cause  the  same  to  be  destroyed. 

The  examination  herein  provided  for  shall  be  made  by  a  Soc.7. 
duly  (pialitied  examiner  at  a  port  wliere  standard  samples 
are  established,  and  where  the  mer(;haudise  is  entered  at 
l)orts  where  there  is  no  qualified  examiner,  the  examinatiou 
shall  be  made  at  that  one  of  said  ports  which  is  nearest  the 
port  of  entry,  and  that  for  this  purpose  samples  of  the  mer- 
chandise, obtained  in  the  manner  i)rescribe(l  by  section  four 
of  this  Act,  shall  be  forwarded  to  the  proper  port  by  the 
collector  or  chief  otticer  at  the  port  of  entry;  that  in  all 
cases  of  examination  or  reexamination  of  teas,  or  merchan- 
dise described  as  tea,  by  examiners  or  boards  of  United 
States  general  appraisers  under  the  i)rovisioiis  of  this  Act, 
the  purity,  quality,  and  fitness  lor  consumption  of  the  same 
shall  be  tested  according  to  the  usages  aud  customs  of  the 
tea  trade,  including  the  testing  of  an  infusion  of  the  same 
in  boiling  water,  and,  if  necessary,  chemical  analysis. 

In  cases  of  reexamination  of  teas,  or  merchandise  de-  Sec.s. 
scribed  as  teas,  by  a  board  of  United  States  general  apprais- 
ers in  i)ursuance  of  the  provisions  hereof,  samples  of  the 
tea,  or  merchandise  described  as  tea,  in  dispute,  for  trans- 
mission to  such  board  for  its  decision,  shall  be  put  uj)  and 
sealed  by  the  examiner  in  the  presence  of  the  imjjorter  or 
consignee  if  he  so  desires,  and  transmitted  to  such  board, 
together  with  a  copy  of  the  finding  of  the  examiner,  setting 
tbrth  the  cause  of  condemnation  and  the  claim  or  ground  of 
the  protest  of  the  importer  relating  to  the  same,  such  sam- 
ples, aud  the  papers  therewith,  to  be  distinguished  by  such 
mark  that  the  same  may  be  identified;  that  the  decision  of 
such  board  shall  be  in  writing,  signed  by  them,  and  trans- 
mitted, together  with  the  record  and  samples,  within  three 
days  after  the  rendition  thereof,  to  the  collector,  who  shall 
forthwith  furnish  the  examiner  and  the  importer  or  con- 
signee with  a  copy  of  said  decision  or  finding.  The  board 
of  United  States  general  appraisers  herein  provided  for 
shall  be  authorized  to  obtain  the  advice,  when  necessary,  of 
persons  skilled  in  the  examination  of  teas,  who  shall  each 
receive  for  his  services  in  any  particular  case  a  compensa- 
tion not  exceeding  five  dollars. 

No  imported  teas  which  have  been  rejected  by  a  customs    sec.9. 
examiner  or  by  a  board  of  United  States  general  ai)praisers, 
and  exported  under  the  provisions  of  this  Act,  shall  be 
reimported  into  the  United  States  under  the  penalty  of 
forfeiture  for  a  violation  of  this  prohibition. 

The  Secretary  of  the  Treasury  shall  have  the  power  to    sec.io. 
enforce  the  i)rovision8  of  this  Act  by  appropriate  regula- 
tions. 

NAV  99,  PT  2 HO 


Part  XXXV.— OPIUM  TRADE. 


344.  Opium  trade. 

reb.23, 1887.  The  importation  of  opium  into  any  of  the  ports  of  the 
United  States  by  any  subject  of  the  Emperor  of  China  is 
hereby  prohibited.  Every  person  gui'ty  of  a  violation  of 
the  preceding  i)rovisiou  shall  be  deemed  guilty  of  a  n)is- 
demeanor,  and,  on  conviction  thereof,  shall  be  punished  by 
a  fine  of  not  more  than  five  hundred  dollars  nor  less  than 
fifty  dollars,  or  by  imprisonment  for  a  period  of  not  more 
than  six  months  nor  less  than  thirty  days,  or  by  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court. 

Sec.2.  Every  package  containing  opium,  either  in  whole  or  in 

part,  imported  into  the  United  States  by  "any  subject  of 
the  Emperor  of  China,  shall  be  deemed  forfeited  to  the 
United  States;  and  proceedings  for  the  declaration  and 
consequences  of  such  forfeiture  may  be  instituted  in  the 
courts  of  the  United  States  as  in  other  cases  of  the  viola- 
tion of  the  laws  relating  to  other  illegal  importations. 

Sec. 3.  No  citizen  of  the  United  States  shall  import  opium  into 

any  of  the  open  ports  of  China,  nor  transport  the  same 
from  one  o])en  port  to  any  other  open  port,  or  buy  or  sell 
opium  in  any  of  such  open  ports  of  China,  nor  shall  any 
vessel  owned  by  citizens  of  the  United  States,  or  any  vessel, 
whether  foreign  or  otherwise,  employed  by  any  citizen  of 
the  United  States,  or  owned  by  any  citizen  of  tlie  United 
States,  either  in  whole  or  in  part,  and  employed  by  persons 
not  citizens  of  the  United  States,  take  or  carry  opium  into 
any  of  such  open  ports  of  China,  or  transport  the  same 
from  one  open  jiort  to  any  other  open  port,  or  be  engaged 
in  any  traffic  therein  between  or  in  such  open  ports  or  any 
of  them.  Citizens  of  the  United  States  offending  against 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars  nor  less 
than  fifty  dollars,  or  by  both  such  punishments,  in  the  dis- 
cretion of  the  court. 

The  consular  courts  of  the  United  States  in  China,  con- 
currently with  any  district  court  of  the  United  States  in 
the  district  in  which  any  offender  may  be  found,  shall  have 
jurisdiction  to  hear,  try,  and  determine  all  cases  arising 
under  the  foregoing  ])rovisions  of  this  section,  subject  to 
the  general  regulations  provided  by  law. 

Every  i)ackage  of  opium  or  package  containing  opium, 
either  in  whole  or  in  part,  brought,  taken,  or  transported, 
trafficked,  or  dealt  in  contrary  to  the  provisions  of  this 
section,  shall  be  forfeited  to  the  United  States,  for  the 
benefit  of  the  Emperor  of  China:  and  such  forfeiture,  and 
the  declaration  and  consequences  thereof,  shall  be  made, 
had,  determined,  and  executed  by  the  proper  authorities 
of  the  United  States  exercising  judicial  i)owers  within  the 
Empire  of  China. 
306 


Part  XXXVL— RULES  TO  PREVENT  COLLISIONS. 


345.  Duty  to  stay  by. 

346.  luternational  rules  of  1897. 

347.  Cousider^tion  of  future  rules. 

348.  Inlaud  rules  of  1897. 

349.  Limits  of  aiij>lication  of   luterna- 

tioual  and  inland  or  local  rules. 

350.  Rules  for  the  Great  Lakes  aud  the 

St.  Lawrence  River. 


351.  Rules  for  the  Red  River  of  tLe  North, 

and  rivers  emptying  into  Gulf  of 
Mexico. 

352.  River  navigation. 

353.  Rules  for  the  ISt.  Mary's  River. 

354.  Special  rules  for  regattas. 


345.  Duty  to  stay  by. 

In  every  case  of  collision  between  two  vessels  it  shall  be  s.pt. 4, isoo. 
the  duty  of  the  master  or  person  in  charge  of  each  vessel, 
if  and  so  far  as  he  can  do  so  without  serious  danger  to  his 
own  vessel,  crew,  and  passengers  (if  any),  to  stay  by  the 
other  vessel  until  he  has  ascertained  that  she  has  no  need 
of  further  assistance,  and  to  render  to  the  other  vessel,  her 
master,  crew,  and  passengers  (if  any),  such  assistance  as 
may  be  practicable  and  as  may  be  necessary  in  order  to 
save  them  from  any  danger  caused  by  the  collision,  and  also 
to  give  to  the  master  or  person  in  charge  of  the  other  vessel 
the  name  of  his  own  vessel  and  hci  port  of  registry,  or  the 
port  or  place  to  which  she  belongs,  and  also  the  name  of 
the  ports  and  places  from  which  and  to  which  she  is  bound. 

If  he  fails  so  to  do,  and  no  reasonable  cause  for  such  lail- 
ure  is  shown,  the  collision  shall,  in  the  absence  of  proof  to 
the  contrary,  be  deemed  to  have  been  caused  by  his  wrong- 
ful act,  neglect,  or  default. 

Every  master  or  person  in  charge  of  a  United  States  ves-  Sec.2. 
sel  who  fails,  witbont  reasonable  cause,  to  render  such 
assistance  or  give  such  information  as  aforesaid  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  l)e  liable  to  a 
penalty  of  one  thousand  dollars,  or  imprisonment  for  a 
term  not  exceeding  two  years;  and  for  the  above  sum  the 
vessel  shall  be  liable  and  may  be  seized  and  proceeded 
against  by  process  in  any  district  court  of  the  United 
States  by  any  person;  one-half  such  sum  to  be  ])ayable  to 
the  informer  aud  the  other  half  to  the  United  States. 


346.  Internationa/  rules  of  1897. 


The  following  regulations  for  preventing  collisions  at  sea    au;,'  in,  isqo 
shall  be  followed  by  all  public  ami  private  vessels  of  the 
United  States  ui)on  the  high  seas  and  in  all  waters  con- 
nected therewith,  navigable  by  seagoing  vessels. 

307 


308  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

PRELIMINARY  DEFINITIONS. 

In  the  following"  rules  every  steam  vessel  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing-vessel, 
and  every  vessel  under  steam,  whether  under  sail  or  not,  is 
to  be  considered  a  steam -vessel. 

The  word  "steam-vessel"  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "under  way"  within  the  meaning  of  these 
rules  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

11. — Lights  and  so  forth. 

The  word  "visible"  in  these  rules  when  applied  to  lights 
shall  mean  visible  on  a  dark  night  with  a  clear  atmosphere. 

Article  1.  The  rules  concerning  lights  shall  be  com- 
plied with  in  all  weathers  from  sunset  to  sunrise,  and  dur- 
ing such  time  no  other  lights  which  may  be  mistaken  for 
the  prescribed  lights  shall  be  exhibited. 

STEAM   VESSELS — MASTHEAD   LIGHT. 

Art.  2.  A  steam-vessel  when  under  way  shall  carry — 
(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without  a 
foremast,  then  in  the  fore  part  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  t.w^ut#_feet,  and  if  the 
breadth  of  the  vessel  exceeds  twWity  feet,  then  at  a  height 
above  the  hull  not  less  than  such  breadth,  so,  however, 
that  the  light  need  not  be  carried  at  a  greater  height  above 
the  hull  than  forty  feet,  a  bright  white  light,  so  constructed 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 
twenty  points  of  the  compass,  so  tixed  as  to  throw  the  light 
ten  points  on  each  side  of  the  vessel,  namely,  from  right 
ahead  to  two  points  abijit  the  beam  on  either  side,  and  of 
such  a  character  as  to  be  visible  at  a  distance  of  at  least  five 
mil^s. 

STEAM   VESSELS — SIDE   LIGHTS. 

(b)  On  the  starboard  side  a  green  light  so  constructed 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 
ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the  star- 
board side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to  show 
an  unbroken  light  over  an  arc  of  the  horizon  of  ten  points 
of  the  comjjass,  so  fixed  as  to  throw  the  light  from  right 
ahead  to  two  points  abaft  the  beam  on  the  port  side,  and 
of  such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(d)  The  said  green  and  red  side-lights  shall  be  lifted  with 
inboard  screens  projecting  at  least  three  feet  forward  from 
the  light,  so  as  to  prevent  these  lights  from  being  seen 
across  the  bow. 


PART    XXXVI. RULES   TO    PREVENT    COLLISIONS.  309 

STEAM   VESSELS — RANGE   LIGHTS. 

(e)  A  steam-vessel  wheu  under  way  may  carry  an  addi- 
tional white  liglit  similar  in  construction  to  the  li^l't  nien- 
tioued  in  subdivision  (a).  These  two  lij^iits  shall  be  so 
placed  in  line  with  the  keel  that  one  shall  be  at  least  fifteen 
feet  higher  than  the  other,  anil  in  such  a  position  with  ref- 
erence to  each  other  that  the  lower  light  slmll  be  forward 
of  the  upper  one.  The  vertical  distance  between  these 
lights  shall  be  less  than  the  horizontal  distance. 

STEAM-VESSELS  WHEN   TOWING. 

Art.  3.  A  steam- vessel  when  towing  another  vessel  shall, 
in  addition  to  her  side-lights,  carry  two  bright  white  lights 
in  a  vertical  line  one  over  the  other,  not  less  than  six  feet 
apart,  and  when  towing  more  than  one  vessel  shall  carry 
an  additional  bright  white  light  six  feet  above  or  below 
such  light,  if  the  length  of  the  tow  measuring  from  the 
stern  of  the  towing  vessel  to  the  stern  of  the  last  vessel 
towed  exceeds  six  hundred  feet.  Each  of  tliese  lights  shall 
be  of  the  same  construction  and  character,  and  shall  be 
carried  in  the  same  position  as  the  white  light  mentioned 
in  article  two  (a),  excepting  the  additional  light,  which 
may  be  carried  at  a  height  of  not  less  than  fourteen  feet 
above  the  hull. 

Such  steam-vessel  may  carry  a  small  white  light  abaft 
the  funnel  or  aftermast  for  the  vessel  towed  to  steer  by, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

SPECIAL   LIGHTS. 

Art.  4.  (a)  A  vessel  which  from  any  accident  is  not 
under  command  shall  carry  at  the  same  height  as  a  white 
light  mentioned  in  article  two  ^a),  where  they  can  b.es.t  be 
seen,  and  if  a  steam  vessel  in  lieu  of  that  light,  two  red 
lights,  in  a  vertical  line  one  over  the  other,  not  less  than 
six  feet  apart,  and  of  such  a  character  as  to  be  visible  all 
around  the  horizon  at  a  distance  of  at  least  two  miles;  and 
shall  by  day  carry  in  a  vertical  line  one  over  the  other, 
not  less  than  six  feet  apart,  where  they  can  best  be  seen, 
two  black  balls  or  shapes,  each  two  feet  in  diameter. 

(b)  A  vessel  employed  in  laying  or  in  picking  up  a  tele- 
graph cable  shall  carry  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a),  and  if  a  steam-vessel  in 
lieu  of  that  light,  three  lights  in  a  vertical  line  one  over 
the  other  not  less  than  six  feet  ai)art.  The  highest  and 
lowest  of  these  lights  shall  be  red,  and  the  middle  light 
shall  be  white,  and  they  shall  be  of  such  a  character  as  to 
be  visible  all  around  the  horizon,  at  a  distance  of  at  least 
two  miles.  By  day  she  shall  carry  in  a  vertical  line,  one 
over  the  other,  not  less  than  six  feet  apart,  where  they  can 
best  be  seen,  tihree  shapes  not  less  tlian  two  feet  in  diam- 
eter, of  which  the  highest  and  lowest  shall  be  globular  in 
shape  and  red  in  color,  and  the  middle  one  diamond  in 
shape  and  white. 

(c)  The  vessels  referred  to  in  this  article,  when  not 
making  way  through  the  water,  shall  not  carry  the  side- 
lights, but  wheu  making  way  shall  carry  them. 


310     PART  XXXVI. RULES  TO  PREVENT  COLLISIONS. 

(d)  The  lights  and  shapes  required  to  be  shown  by  this 
article  are  to  be  taken  by  otlier  vessels  as  signals  that  the 
vessel  showing  them  is  not  under  command  and  can  not 
therefore  get  out  of  the  way. 

These  signals  are  not  signals  of  vessels  in  distress  and 
requiring  assistance.  Such  signals  are  contained  in  article 
thirty- one. 

LIGHTS  FOR   SAILING   VESSELS   AND   VESSELS   IN   TOW. 

Art.  5.  A  sailing  vessel  under  way  and  any  vessel  being 
towed  shall  carry  the  same  lights  as  are  prescribed  by 
article  two  for  a  steam-vessel  under  way,  with  the  excep- 
tion of  the  white  lights  mentioned  therein,  which  they 
shall  never  carry. 

LIG-HTS  FOR   SMALL   VESSELS. 

Art.  0.  Whenever,  as  in  the  case  of  small  vessels  under 
way  duiing  bad  weather,  the  green  and  red  side-lights  can 
not  be  lixed,  these  lights  shall  be  kept  at  hand,  lighted 
and  ready  for  use;  and  shall,  on  the  approach  of  or  to 
other  vessels,  be  exhibited  on  their  respective  sides  in 
sufficient  time  to  prevent  collision,  in  such  manner  as  to 
make  them  most  visible,  and  so  that  the  green  light  shall 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  star- 
board side,  nor,  if  practicable,  more  than  two  points  abaft 
the  beam  on  their  respective  sides.  To  make  the  use  of 
these  portable  lights  more  certain  and  easy  the  lanterns 
containing  them  shall  each  be  ])ainted  outside  with  the 
color  of  the  light  they  respectively  contain,  and  shall  be 
provided  with  j)roper  screens. 

LIGHTS  FOR  SMALL  STEAM  AND   SAIL  VESSELS  AND  OPEN 

BOATS. 

May 28, 1894.  Art.  7.  Stcam-vessels  of  less  than  forty,  and  vessels 
under  oars  or  sails  of  less  than  twenty  tons  gross  tonnage, 
respectively,  and  rowing  boats,  when  under  way,  shall  not 
be  required  to  carry  the  lights  mentioned  in  article  two  (a), 
(b),  and  (c),  but  if  they  do  not  carry  them  they  shall  be 
provided  with  the  following  lights: 

First.  Steam-vessels  of  less  than  forty  tons  shall  carry — 

(a)  In  the  fore  part  of  the  vessel  or  on  or  in  front  of  the 
funnel,  where  it  can  best  be  seen,  and  at  a  height  above  the 
gunwale  of  not  less  than  nine  feet,  a  bright  white  light 
constructed  and  fixed  as  prescribed  in  article  two  (a),  and 
of  such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  n)iles. 

(b)  Green  and  red  side  lights  constructed  and  fixed  as 
prescribed  in  article  two  (b)  and  (c),  and  of  such  a  character 
as  to  be  visible  at  a  distance  of  at  least  one  mile,  or  a  com- 
bined lantern  showing  a  green  light  and  a  led  light  from 
right  ahead  to  two  points  abaft  the  beam  on  their  respective 
sides.  Such  lanterns  shall  be  carried  not  less  than  three 
feet  below  the  white  light. 


PART  XXXVI. RULES  TO  PREVENT  COLLISIONS.     311 

Seeoud.  Small  steamboats,  sinh  as  are  carried  by  sea- 
going- vessels,  jiiay  carry  the  white  li.a^ht  at  a  less  heijiht  than 
nine  feet  above  the  gnnwale,  but  it  shall  be  carried  above 
the  combined  hmterii  mentioned  in  subdivision  one  (b). 

Third.  \'ossels  under  oars  or  sails  ol"  less  than  twenty 
tons  shall  liave  ready  at  hand  a  lantern  with  a  j^ieen  j^lass 
on  one  side  and  a  red  <rlass  on  the  other,  which,  on  the 
approach  of  or  to  other  vessels,  shall  be  exhibited  in  sulli- 
cient  time  to  prevent  collision,  so  that  the  jiieen  lijjht  sha]' 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  sta) 
board  side. 

Fourth.  Kowiug  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light 
whicli  shall  be  temporarily  exhibited  in  sufficient  time  to 
prevent  (;ollision. 

The  vessels  referred  to  in  this  article  shall  not  be  obliged 
to  carry  the  lights  prescribed  by  article  four  (a)  and  article 
eleven,  last  paragraph. 

LIGHTS  FOR   PILOT   VESSELS. 

Art.  8.  Pilot- vessels  when  engaged  on  their  station  on  Aug.  la.isoo. 
i;)ilotage  duty  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead,  visible 
all  around  the  horizon,  and  shall  also  exhibit  a  tlare  up 
light  or  flare-up  lights  at  short  intervals,  which  shall  never 
exceed  fifteen  niiiuites 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall  Hash 
or  show  them  at  short  intervals,  to  indicate  the  direction  in 
which  they  are  heading,  but  the  green  light  shall  not  be 
shown  on  the  port  side,  nor  the  red  light  on  the  starboard 
side. 

A  pilot-vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carrying  it  at  the  masthead,  and  nniy, 
instead  of  the  colored  lights  above  mentioned,  have  at  hand, 
ready  for  use,  a  lantern  with  green  glass  on  the  one  side 
and  red  glass  on  the  other,  to  be  used  as  prescribed  above. 

Pilot- vessels  Avhen  not  engaged  on  their  station  on  i)ilot- 
age  duty  shall  carry  lights  similar  to  those  of  other  vessels 
of  their  tonnage. 

LIGHTS,  ETC.,  OF   FISHING   VESSELS. 

Art.  9.  [Article  nine,  act  of  August  19, 1890,  was  repealed 
by  act  of  May  28, 1894,  and  article  10,  act  of  March  ;<,  1885, 
was  reeuacted  in  part  by  act  of  August  bS,  1891,  and  is  re- 
l)roduced  here  in  part  as  article  9.  It  will  be  the  object  of 
further  consideration  by  the  maritime  i>owers.  ] 

Fishing-vessels  of  less  than  twenty  tons  net  registered 
tonnage,  when  under  way  and  when  not  having  tluiir  nets, 
trawls,  dredges,  or  lines  in  the  water,  shall  not  be  obliged 
to  carry  the  colored  side  lights;  but  every  such  vessel  shall 
in  lieu  thereof  have  ready  at  hand  a  lantern  with  a  green 
glass  on  the  one  side  and  a  red  glass  on  the  other  side,  and 


312      PART  XXXVI. RULES  TO  PREVENT  COLLISIONS. 

on  approaching  to  or  being  approached  by  anotlier  vessel 
such  lantern  sliall  be  exhibited  in  sufficient  time  to  prevent 
collision,  so  that  the  green  light  shall  not  be  seen  on  the 
port  side  nor  the  red  light  on  the  starboard  side. 

LiaHTS  FOR   FISHING  VESSELS   OFF  EUROPEAN   COASTS. 

The  following  portion  of  this  article  applies  only  to 
fishing-vessels  and  boats  when  in  the  sea  off  the  coast  of 
Europe  lying  north  of  Cape  Finisterre: 

(a)  All  fishing  vessels  and  fishing-boats  of  twenty  tons 
net  registered  tonnage  or  ui)ward,  when  under  way  and 
when  not  having  their  nets,  trawls,  dredges,  or  lines  in  the 
water,  shall  carry  and  show  the  same  lights  as  other  ves- 
sels under  way. 

(b)  All  vessels  when  engaged  in  fishing  with  drift-nets 
shall  exhibit  two  white  lights  from  any  part  of  the  vessel 
where  they  can  be  best  seen.  Such  lights  shall  be  placed 
so  that  the  vertical  distance  between  them  shall  be  not  less 
than  six  feet  and  not  more  than  ten  ftet,  and  so  that  the 
horizontal  distance  between  them,  measured  in  a  line  with 
the  keel  of  the  vessel,  shall  be  not  less  than  five  feet  and  not 
more  than  ten  feet.  The  lower  of  these  two  lights  shall  be 
the  more  forward,  and  both  of  them  shall  be  of  such  a  char- 
acter and  contained  in  lanterns  of  such  construction  as  to 
show  all  round  the  horizon,  on  a  dark  night,  with  a  clear 
atmosphere,  for  a  distance  of  not  less  than  three  miles. 

(c)  All  vessels  when  trawling,  dredging,  or  tishiiig  with 
any  kind  of  drag-nets  shall  exhibit,  from  some  part  of  the 
vessel  where  they  can  be  best  seen,  two  lights.  One  of 
these  lights  shall  be  red  and  the  other  shall  be  white.  The 
red  light  shall  be  above  the  white  light,  and  shall  be  at  a 
vertical  distance  from  it  of  not  less  than  six  feet  and  not 
more  than  twelve  feet;  and  the  horizontal  distance  between 
them,  if  any,  shall  not  be  more  than  ten  feet.  These  two 
lights  shall  be  of  such  a  character  and  contained  in  lanterns 
of  such  constrnction  as  to  be  visible  all  round  the  horizon, 
on  a  dark  night,  with  a  clear  atmosphere,  the  white  light 
to  a  distance  of  not  less  than  three  miles,  and  the  red  light 
of  not  less  two  miles. 

(d)  A  vessel  employed  in  line-fishing,  with  her  lines  out, 
shall  carry  the  same  lights  as  a  vessel  when  engaged  in 
fishing  with  drift  nets. 

(e)  If  a  vessel,  when  fishing  with  a  trawl,  dredge,  or  any 
kind  of  drag-net,  becomes  stationary  in  consefjuence  of 
her  gear  getting  fast  to  a  rock  or  other  obstruction,  she 
shall  show  the  light  and  make  the  fog-signal  for  a  vessel  at 
anchor. 

(f)  Fishing-vessels  may  at  any  time  use  a  flare-up  in 
addition  to  the  lights  which  they  are  by  this  article  required 
to  carry  and  show.  All  flare-up  lights  exhibited  by  a  ves- 
sel when  trawling,  dredging,  or  fishing  with  any  kind  of 
drag  net  shall  be  shown  at  the  after-part  of  tlie  vessel, 
excepting  that  if  the  vessel  is  hanging  by  the  stern  to  her 
trawl,  dredge,  or  drag-net,  they  shall  be  exhibited  from  the 
bow. 


PART  XXXVI. RULES  TO  PREVENT  COLLISIONS     313 

(g)  Every  fisbing-vessel  when  at  ancljor  between  suuset 
and  snniise  shall  exhibit  a  white  light,  Aisiblc  nil  round 
the  horizon  at  a  distance  ol'  at  least  one  mile. 

(h)  In  a  fog  a  drift-net  vessel  attached  to  her  nets,  and 
a  vessel  when  trawling,  dredging,  or  (isliing  with  any  kind 
of  drag-net,  aiul  a  vessel  eini)loyed  in  line  lishing  with  her 
lines  ont,  shall,  at  intervals  of  not  more  than  two  minutes, 
make  a  blast  with  her  fog-horn  and  ring  her  bell  alter- 
nately. 

LIGHTS   FOR   AN   OVERTAKEN   VESSEL. 

Art.  10.  A  vessel  which  is  being  overtaken  by  another    Aug.io.isoo. 
shall  show  from  her  stern  to  such  last-mentioned  vessel  a 
white  light  or  a  tlare-up  light. 

The  white  light  required  to  be  shown  by  this  article  may 
be  fixed  and  carried  in  a  lantern,  but  in  such  case  the  lan- 
tern shall  be  so  constructed,  iitted,  and  screened  that  it 
shall  throw  an  unbroken  light  over  an  arc  of  the  horizon 
of  twelve  jjoints  of  the  compass,  namely,  for  six  points 
from  right  aft  on  each  side  of  the  vessel,  so  as  to  be  visible 
at  a  distance  of  at  least  one  mile.  Such  light  shall  be  car- 
ried as  nearly  as  i)racticable  on  the  same  level  as  the  side 
lights. 

anchor  lights. 

Art.  11.  A  vessel  under  one  hundred  and  fifty  feet  in 
length  when  at  anchor  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  while  light,  in  a  lantern  so  constructed  as 
to  show  a  clear,  uniform,  and  unbroken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upwards  in 
length,  when  at  anchor,  shall  carry  in  the  forward  part  of 
the  vessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet  above  the  hull,  one  such  liglit,  and  at 
or  near  the  stern  of  the  vessel,  and  at  such  a  lieight  that 
it  shall  be  not  less  than  fifteen  feet  lower  than  the  forward 
light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
a!)i)earing  in  her  certificate  of  registry. 

A  vessel  aground  in  or  near  a  fair  way  shall  carry  the 
above  light  or  lights  and  the  two  red  lights  prescribed  by 
article  four  (a). 

SPECIAL   SIGNAL. 

Art.  12.  Every  vessel  may,  if  necessary  in  order  to 
attract  attention,  in  addition  to  the  lights  which  she  is  by 
these  rules  required  to  carry,  show  a  flare  up  light  or  use 
any  detonating  signal  that  can  not  be  mistaken  for  a  dis- 
tress signal. 

NAVAL  LIGHTS   AND   RECOGNITION   SIGNALS. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the 
O]>eration  of  any  special  rules  made  by  the  (ioveiiiment  of 
any  nation  with  respect  to  additional  station  and  signal- 


314      PART  XXXVI. RULES  TO  PREVENT  COLLISIONS. 

lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  with  the  exhibition  of  recognition  signals 
adopted  by  ship-owners,  which  have  been  authorized  by 
their  respective  Governments  and  duly  registered,  and 
published. 

STEAM   VESSEL    UNDER    SAIL    BY   DAT. 

Art.  14.  A  steam-vessel  proceeding  under  sail  only  but 
having  her  funnel  up,  shall  carry  in  day-time,  forward, 
where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 

III. — Sound  Signals  in  Fog,  etc. 

PRELIMINARY. 

June  10, 1896.  Art.  15.  All  siguals  prescribed  by  this  article  for  vessels 
under  way  shall  be  given: 

First.  By  "steam  vessels"  on  the  whistle  or  siren. 

Second.  By  "sailing  vessels"  and  "vessels  towed"  on 
the  fog  horn. 

The  words  "prolonged  blast"  used  in  this  article  shall 
mean  a  blast  of  from  lour  to  six  seconds  duration. 

A  steam  vessel  shall  be  provided  with  an  efficient  whistle 
or  siren,  sounded  by  steam  or  by  some  substitute  for  steam, 
so  placed  that  the  sound  may  not  be  intercepted  by  any 
obstruction,  and  with  an  efficient  fog  horn,  to  be  sounded 
by  mechanical  means,  and  also  with  an  efficient  bell.  (In 
ail  cases  where  the  rules  re(iuire  a  bell  to  be  used  a  drum 
may  be  substituted  on  board  Turkish  vessels,  or  a  gong 
where  such  articles  are  used  on  board  small  seagoing  ves- 
sels.) A  sailing  vessel  of  twenty  tons  gross  tonnage  or 
upwards  shall  be  provided  with  a  similar  fog  horn  and  bell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorius,  whether 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely : 

STEAM  vessel   UNDER  WAY. 

(a)  A  steam  vessel  having  way  upon  her  shall  sound,  at 
intervals  of  not  more  than  two  minutes,  a  prolonged  blast. 

(b)  A  steam  vessel  under  way,  but  stopped,  and  having 
no  way  upon  her,  shall  sound,  at  intervals  of  not  more  than 
two  minutes,  two  prolonged  blasts,  with  an  interval  of  about 
one  second  between. 

SAIL   VESSEL   UNDER   WAY. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals 
of  not  more  than  one  minute,  when  on  the  starboard  tack, 
one  blast;  when  on  the  port  tack,  two  blasts  in  succession, 
and  when  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 


PART    XXXVI. RULES    TO    PREVENT    COLLISIONS.  315 

VESSELS   AT   ANCIIOll   OR   NOT    UNDER    WAV. 

(d)  A  vessel  wlien  at  aiiclior  shall,  at  intervals  of  not 
more  than  one  minute,  ring  tiie  bell  rapidly  for  about  live 
seconds. 

VESSELS   TOWING   OR   TOWED. 

(e)  A  vessel  when  towing,  a  vessel  employed  in  laying 
or  in  picking  up  a  telegraph  cable,  and  a  vessel  under  way, 
wliich  is  unable  to  get  ont  of  the  way  of  an  approaching 
vessel  through  being  not  under  command,  or  unable  to 
maneuver  as  required  by  the  rules,  shall,  instead  of  the 
signals  prescribed  in  subdivisions  (a)  and  (c)  of  this  .article, 
at  intervals  of  not  more  than  two  minutes,  sound  three 
blasts  in  succession,  namely :  Ons  prolonged  blast  followed 
by  two  short  blasts.  A  ves.sel  towed  may  give  this  signal 
and  she  shall  not  give  any  other. 

SMALL   SAILING   VESSELS   AND   BOATS. 

Sailing  vessels  and  boats  of  less  than  twenty  tons  gross 
tonnage  shall  not  be  obliged  to  give  the  above-mentioned 
signals,  but,  if  they  do  not,  they  shall  make  some  other 
eflicient  sound  signal  at  intervals  of  not  more  than  one 
minute. 

SPEED   IN   FOG. 

Art.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling  snow,  auk.i9,  1899 
or  heavy  rain-storms,  go  at  a  moderate  speed,  having  care- 
ful regard  for  the  existing  circumstances  and  conditions. 

A  steam  vessel  hearing,  apparently  forward  of  her  beam, 
the  fog-signal  of  a  vessel  the  position  of  which  is  not 
ascertained  shall,  so  far  as  the  circumstances  of  the  case 
admit,  stop  her  engines,  and  then  navigate  with  caution 
until  danger  of  collision  is  over. 

IV.  -Steering  and  Sailing  Rules. 

PRELIMINAEY. 

Risk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  com])ass  bearing  of 
an  approaching  vessel.  If  the  bearing  does  not  appre- 
ciably change,  such  risk  should  be  deemed  to  exist. 

SAILING  VESSELS. 

Art.  17.  When  two  sailing  vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keej)  out  of  the  way  of  the  other,  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close  hauled  on 
the  starboard  tack. 


316  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

(c)  When  both  are  running  free,  with  the  wind  on  dif- 
ferent pides,  the  vessel  which  has  tlie  wind  on  the  port 
side  sliall  keep  out  of  the  way  of  the  other. 

(d)  When  both  are  running  free,  with  the  wind  on  tlie 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  tlie  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of 
the  way  of  the  other  vessel. 

STEAM   VESSELS. 

Art.  18.  When  two  steam-vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision,  each 
shall  alter  her  course  to  starboard,  so  that  each  may  pass 
on  the  port  side  of  the  other. 

This  article  only  applies  to  cases  where  vessels  are  meet- 
ing end  on,  or  nearly  end  on,  in  such  a  manner  as  to  involve 
risk  of  collision,  and  does  not  apply  to  two  vessels  which 
must,  if  both  keep  on  their  respective  courses,  pass  clear 
of  each  other. 

The  only  cases  to  which  it  does  a])ply  are  when  each  of 
the  two  vessels  is  end  on,  or  nearly  end  on,  to  the  other;  in 
other  words,  to  cases  in  which,  by  day,  each  vessel  sees  the 
masts  of  the  other  in  a  line,  or  nearly  in  a  line,  with  her 
own;  and  by  night,  to  cases  in  which  each  vessel  is  in  such 
a  position  as  to  see  both  the  side  lights  of  the  other. 

Jt  does  not  apply  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course;  or  by  night,  to 
cases  where  the  red  light  of  one  vessel  is  opposed  to  the 
red  light  of  the  other,  or  where  the  green  light  of  one  vessel 
is  opposed  to  the  green  light  of  the  other,  or  where  a  red 
light  without  a  green  light,  or  a  green  light  without  a  red 
light,  is  seen  ahead,  or  where  both  green  and  red  lights  are 
seen  anywhere  but  ahead. 

TWO   STEAM-VESSELS   CROSSING. 

Art.  19.  When  two  steam-vessels  are  crossing,  so  as  to 
involve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

STEAM-VESSEL   SHALL   KEEP   OUT  OF   THE  WAY    OF    SAIL- 
ING-VESSEL. 

Art.  20.  When  a  steam-vessel  and  a  sailing-vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  collision, 
the  steam-vessel  shall  keep  out  of  the  way  of  the  sailing- 
vessel. 

COURSE   AND   SPEED. 

May  28, 1894.  ART.  21.  Where,  by  any  of  these  rules,  one  of  two  vessels 
is  to  keej)  out  of  the  way  the  other  shall  keep  her  course 
and  speed. 

Note. — When,  in  consequence  of  thick  weather  or  other 
causes,  such  vessel  finds  herself  so  close  that  collision  can 


PART    XXXVI. RULES    TO    PREVENT    COLLISIONS.  317 

not  be  avoided  by  the  action  of  the  giviugf-wny  vessel  alone, 
she  also  shall  take  such  action  as  will  best  aid  to  avert  col 
lisiou.     (See  articles  twenty- seven  and  twenty-nine. j 

CROSSINd    AHEAD. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules    auk.  lu, i89o. 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cirenm- 
stances  of  the  case  admit,  avoid  crossing  ahead  of  the  other. 

STEAM-VESSELS    SHALL    SLACKEN    SPEED    OR    STOP. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these 
rules  to  kee])  out  of  the  way  of  another  vessel  shall,  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop  or 
reverse. 

OVERTAKING  VESSELS. 

Art.  24.  Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  kee})  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  she  would  be  unable  to  see  either 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel 
a  crossing  vessel  within  the  meaning  of  these  rules,  or 
relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  always  know 
with  certainty  whether  she  is  forward  or  abaft  this  direc- 
tion from  the  other  vessel  she  should,  if  in  doubt,  assume 
that  she  is  an  overtaking  vessel  and  keep  out  of  the  way. 

NARROW   CHANNELS. 

Art.  25.  In  narrow  channels  every  steam- vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair- way  or  mid-channel  which  lies  on  the  starboard  side  of 
such  vessel. 

RIGHT   OF   WAY  OF  FISHING  VESSELS. 

Art.  20.  Sailing  vessels  under  way  shall  keep  out  of  the 
way  of  sailing  vessels  or  boats  fishing  with  nets,  or  lines, 
or  trawls.  This  rule  shall  not  give  to  any  vessel  or  boat 
engaged  in  fishing  the  right  of  obstructing  a  fair- way  used 
by  vessels  other  than  fishing  vessels  or  boats. 

GENERAL  PRUDENTIAL  RULE. 

Art.  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  col- 
lision, and  to  any  special  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 


318  PART    XXXVI. RULES   TO    PREVENT    COLLISIONS. 

SOUND   SIGNALS  FOR   PASSING  STEAMERS. 

Art.  28.  The  words  "short  blast"  used  in  this  article 
shall  mean  a  blast  of  about  one  second's  duration. 

When  vessels  are  in  sight  of  one  another,  a  steam-vessel 
under  way,  in  taking  any  course  authorized  or  required  by 
these  rules,  shall  indicate  that  course  by  the  following  sig- 
nals on  her  whistle  or  siren,  namely: 

One  short  blast  to  mean,  '•!  am  directing  my  course  to 
starboard." 

Two  short  blasts  to  mean,  "I  am  directing  my  course  to 
port." 

Three  short  blasts  to  mean,  "My  engines  are  going  at 
full  speed  astern." 

PRECAUTION. 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel or  the  owner  or  master  or  crew  thereof,  from  the  con- 
seciuences  of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect 
of  any  precaution  whicli  may  be  required  by  the  ordinary 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

Art.  30.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  a  special  rule,  duly  made  by  local  authority, 
relative  to  the  navigation  of  any  harbor,  river,  or  inland 
waters. 

DISTRESS   SIGNALS. 

May  28, 1894.  Art.  31.  Wlieu  a  vcsscl  is  in  distress  and  requires  assist- 
ance from  other  vessels  or  from  the  shore  the  following 
shall  be  the  signals  to  be  used  or  displayed  by  her,  either 
together  or  separately,  namely: 

In  the  daytime — 

First.  A  gun  or  other  explosive  signal  fired  at  intervals 
of  about  a  minute. 

Second.  The  international  code  signal  of  distress  indi- 
cated by  N  G. 

Third.  The  distance  signal,  consisting  of  a  square  flag, 
having  either  above  or  below  it  a  ball  or  anything  resem- 
bling a  ball. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
apparatus. 

At  night — 

First.  A  gun  or  other  explosive  signal  fired  at  intervals 
of  about  a  minute. 

Second.  Flames  on  the  vessel  (as  from  a  burning  tar 
barrel,  oil  barrel,  and  so  forth). 

Third.  Rockets  or  shells  throwing  stars  of  any  color  or 
description,  fired  one  at  a  time,  at  short  intervals. 

Fourth.  A  continuous  sounding  with  any  fog  signal 
apparatus. 

347.   Consideration  of  future  rules. 

Feb.  5, 1896.         The  Secretary  of  State  is  hereby  authorized  to  recon- 

sec.i.  veue  the  delegates  of  the  United  States  to  the  Washington 

International  Marine  Conference  of  eighteen  hundred  and 


PART    XXXVI. RULES    TO    PRKVKNT    COLLISIONS.  310 

eig^bty-nine,  whenever  in  liis  judgment  it  is  expedient,  lor 
the  further  consideration  of  rules  to  prevent  collisions  at 
sea  and  in  the  waters  of  the  United  States. 

348.  Inland  rules  of  1897. 

The  following  regulations  for  preventing  collisiou  shall  be  -lum-  7,  isot. 
followed  by  all  vessels  navigating  all  harbors,  rivers,  and 
inland  waters  of  the  United  States,  excej)t  the  ( Jreat  Lakes 
and  their  connecting  and  tributary  waters  as  far  east  as 
Montreal  and  the  lied  liivcr  of  the  North  and  rivers  cnipty- 
ing  into  the  (Julf  of  Mexico  and  their  tributaries,  and  are 
hereby  declared  special  rules  duly  made  by  local  authority. 

Every  jjilot,  engineer,  mate,  or  master  of  any  steam-  sec.  3. 
vessel,  and  every  master  or  mate  of  any  barge  or  canal- 
boat,  who  neglects  or  refuses  to  observe  the  provisions  of 
this  Act,  or  the  regulations  established  in  pursuance  of  the 
preceding  section  [see  section  2,  ])age  .'Wl],  shall  be  liable 
to  a  penalty  of  fifty  dollars,  and  for  all  damages  sustained 
by  any  passenger  in  his  person  or  baggage  by  such  neglect 
or  refusal:  Prorided,  That  nothing  herein  sliall  relieve  any 
vessel,  owner  or  corporation  from  any  liability  incurred  by 
reason  of  such  neglect  or  refusal. 

Every  vessel  that  shall  be  navigated  without  complying  sec.  4. 
with  the  provisions  of  this  Act  shall  be  liable  to  a  penalty 
of  two  hundred  dollars,  one  half  to  go  to  the  informer,  for 
which  sum  the  vessel  so  navigated  shall  be  liable  and 
may  be  seized  and  i)roceeded  against  by  action  in  any  dis- 
trict court  of  the  United  States  having  jurisdiction  of  the 
offense. 

PRELIMINARY  DEFINITIONS. 

In  the  following  rules  every  steam  vessel  which  is  under    Jiinc7,i897. 
sail  and  not  under  steam  is  to  be  consideied  a  sailing  vessel, 
and  every  vessel  under  steam,  Avhether  under  sail  or  not,  is 
to  be  considered  a  steam  vessel. 

The  word  "steam- vessel"  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "under  way,"  within  the  meaning  of  these 
rules,  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

II. — Lights  and  so  forth. 

The  word  "visible"  in  these  rules,  when  applied  to  lights, 
shall  mean  visil)le  on  a  dark  night  with  a  clear  atmosphere. 

Article  1.  The  rules  concerning  lights  shall  be  (■()ni])lied 
with  in  all  weathers  from  sunset  to  sunrise,  and  during 
such  time  no  other  lights  which  may  be  mistaken  for  the 
prescribed  lights  shall  be  exhibited. 

STEAM   VESSELS— MASTHEAD   LIGHT. 

Art.  2.  A  steam-vessel  when  under  way  shall  carry — 
(a)  On  or  in  front  of  the  foremast,  or,  if  a  vessel  without  a 
foremast,  then  in  the  fore  part  of  (he  vessel,  a  bright  white 
light  so  constructed  as  to  show  an  unbroken  light  over  an 


320  PART    XXXYT. RULES    TO    PREVENT    COLLISIONS. 

arc  of  the  horizon  of  twenty  points  of  the  compass,  so  fixed 
as  to  throw  the  light  ten  points  on  each  side  of  the  vessel, 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  five  miles. 

STEAM  VESSELS — SIDE   LIGHTS. 

(b)  On  the  starboard  side  a  green  light  so  constructed  as 
to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 
ten  points  of  the  comj)ass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  i)oints  abaft  the  beam  on  the  star- 
board side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  ])ort  side  a  red  light  so  constructed  as  to  show 
an  unbroken  light  over  an  arc  of  the  horizon  of  ten  points 
of  the  comi)ass,  so  fixed  as  to  throw  the  light  from  right 
ahead  to  two  points  abaft  the  beam  on  the  port  side,  and  of 
such  a  character  as  to  be  visible  at  a  distance  of  at  least 
two  miles. 

(d)  The  said  green  and  red  side-lights  shall  be  fitted  with 
inboard  screens  ])rojecting  at  least  three  feet  forward  from 
the  light,  so  as  to  prevent  these  lights  from  being  seen 
across  the  bow. 

STEAM   VESSELS — RANGE   LIGHTS. 

(e)  A  sea-going  steam -vessel  when  under  way  may  carry 
an  additional  white  light  similar  in  construction  to  the 
light  mentioned  in  subdivision  (a).  These  two  liglits  shall 
be  so  placed  in  line  with  tlie  keel  that  one  sliall  be  at  least 
fifteen  feet  higher  than  ihe  other,  and  in  such  a  position 
with  reference  to  each  other  that  tlie  lower  light  shall  be 
forward  of  the  upper  one.  The  vertical  distance  between 
these  lights  shall  be  less  tlian  the  horizontal  distance. 

(f )  All  steam-vessels  (except  sea  going  vessels  and  ferry- 
boats), shall  carry  in  addition  to  green  and  red  lights  re- 
quired by  article  two  (b),  (c),  and  screens  as  required  by 
article  two  (d),  a  central  range  of  two  white  lights;  the 
afterlight  being  carried  at  an  elevation  at  least  fifteen  feet 
above  the  light  at  the  head  of  the  vessel.  The  head-light 
shall  be  so  constructed  as  to  show  an  unbroken  liglit 
through  twenty  ])oiuts  of  the  compass,  namely,  from  right 
ahead  to  two  points  abaft  the  beam  on  either  side  of  the 
vessel,  and  the  after-light  so  as  to  show  all  around  the 
horizon. 

STEAM- VESSELS   WHEN   TOWING. 

Art.  3.  A  steam- vessel  when  towing  another  vessel  shall, 
in  addition  to  her  side-lights,  carry  two  bright  white  lights 
in  a  vertical  line  one  over  the  other,  not  less  than  three 
feet  apart,  and  when  towing  more  tlian  one  vessel  shall 
carry  an  additiouiil  bright  white  light  three  feet  above  or 
below  such  lights,  if  the  length  of  the  tow  measuring  from 
the  stern  of  the  towing  vessel  to  the  stern  of  the  last 
vessel  towed  exceeds  six  hundred  feet.  Each  of  these 
lights  shall  be  of  the  same  construction  and  character,  and 


PART  XXXVI. — RULES  TO  PREVENT  COLLISIONS.     321 

sball  be  ciinied  in  the  same  position  as  tlie  white  light 
mentioned  in  article  two  (a)  or  the  after  range  light  men- 
tioned in  article  two  (f ). 

Such  steam-vessel  may  carry  a  small  white  light  abaft 
the  funnel  or  aftermast  for  the  vessel  towed  to  steer  by,  but 
such  light  shall  not  be  visible  forward  of  the  beam. 

LIGHTS  FOR   SAILING   VESSELS  AND   VESSELS  IN   TOW. 

Art.  5.  A  sailing-vessel  under  way  or  being  towed  shall 
carry  the  same  liglits  as  are  prescribed  by  article  two  for  a 
steam-vessel  under  way,  with  the  exception  of  the  white 
lights  mentioned  therein,  which  they  shall  never  carry. 

LIGHTS    FOR    FERRY-BOATS,   BARGES,   AND   CANAL-BOATS 

IN  TOW. 

The  supervising  inspectors  of  steam-vessels  and  the  sec.2. 
Supervising  Inspector-General  shall  establish  such  rules 
to  be  observed  by  steam  vessels  in  passing  each  other 
and  as  to  the  lights  to  be  carried  by  ferry-boats  and  by 
barges  and  canal-boats  when  in  tow  of  steam-vessels,  not 
inconsistent  with  the  provisions  of  this  Act,  as  they  from 
time  to  time  may  deem  necessary  for  safety,  which  rules 
when  approved  by  the  Secretary  of  the  Treasury,  are 
hereby  declared  special  rules  duly  made  by  local  authority, 
as  provided  for  in  article  thirty  of  chapter  eight  hundred 
and  two  of  the  laws  of  eighteen  hundred  and  ninety.  Two 
printed  copies  of  such  rules  shall  be  furnished  to  such 
ferry-boats  and  steam-vessels,  which  rules  shall  be  kept 
posted  up  in  conspicuous  places  in  such  vessels. 

LIGHTS  FOR   SMALL   VESSELS. 

Art.  G.  Whenever,  as  in  the  case  of  vessels  of  less  than 
ten  gross  tons  under  way  during  bad  Aveather,  the  green 
and  red  side-lights  can  not  be  fixed,  these  lights  shall  be 
kept  at  hand,  lighted  and  ready  for  use;  and  shall,  on  the 
approach  of  or  to  other  vessels,  be  exhibited  on  their 
respective  sides  m  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
green  light  shall  not  be  seen  on  the  port  side  nor  the  red 
light  on  the  starboard  side,  nor,  if  practicable,  more  than 
two  points  abaft  the  beam  on  their  respective  sides.  To 
make  the  use  of  these  portable  lights  more  certain  and 
easy  the  lanterns  containing  them  shall  each  be  painted 
outside  with  the  color  of  the.  light  they  respectively  con- 
tain, and  shall  be  provided  with  proper  screens. 

Art.  7.  Kowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  prevent 
collision. 

LIGHTS  FOR  PILOT  VESSELS. 

Art.  8.  Pilot- vessels  when  engaged  on  their  stations  on 
pilotage  duty  shall  not  show  the  lights  required  for  other 
NAV  99,  PT  2 21 


322  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

vessels,  but  shall  carry  a  white  light  at  the  masthead, 
visible  all  around  the  horizon,  and  shall  also  exhibit  a 
flare-up  light  or  flare-up  lights  at  short  intervals,  which 
shall  never  exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall  flash 
or  show  them  at  short  intervals,  to  indicate  the  direction 
in  which  they  are  heading,  but  the  green  light  shall  not  be 
shown  on  the  port  side  nor  the  red  light  on  the  starboard 
side. 

A  pilot- vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carrying  it  at  the  masthead,  and 
may,  instead  of  the  colored  lights  above  mentioned,  have 
at  hand,  ready  for  use,  a  lantern  with  a  green  glass  on  the 
one  side  and  a  red  glass  on  the  other,  to  be  used  as  pre- 
scribed above. 

Pilot-vessels,  when  not  engaged  on  th-eir  station  on  pilot- 
age duty,  shall  carry  lights  similar  to  those  of  other  vessels 
of  their  tonnage. 

LIGHTS,  ETC.,  OF   FISHING   VESSELS. 

Art.  9.  (a)  Fishing-vessels  of  less  than  ten  gross  tons, 
when  under  way  and  when  not  having  their  nets,  trawls, 
dredges,  or  lines  in  the  water,  shall  not  be  obliged  to  carry 
the  colored  side-lights;  but  every  such  vessel  shall,  in  lieu 
thereof,  have  ready  at  hand  a  lantern  with  a  green  glass  on 
one  side  and  a  red  glass  on  the  other  side,  and  on  approach- 
ing to  or  being  approached  by  another  vessel  such  lantern 
shall  be  exhibited  in  sufflcient  time  to  prevent  collision,  so 
that  the  green  light  shall  not  be  seen  on  the  port  side  nor 
the  red  light  on  the  starboard  side. 

(b)  All  fishing- vessels  and  fishing-boats  of  ten  gross  tons 
or  upward,  when  under  way  and  when  not  having  their  nets, 
trawls,  dredges,  or  lines  in  the  water,  shall  carry  and  show 
the  same  lights  as  other  vessels  under  way 

(c)  All  vessels,  when  trawling,  dredging,  or  fishing  with 
any  kind  of  drag-nets  or  lines,  shall  exhibit,  from  some  part 
of  the  vessel  where  they  can  be  best  seen,  two  lights.  One 
of  these  lights  shall  be  red  and  the  other  shall  be  white.  The 
red  light  shall  be  above  the  white  light,  and  shall  be  at  a 
vertical  distance  from  it  of  not  less  than  six  feet  and  not 
more  than  twelve  feet ;  and  the  horizontal  distance  between 
them,  if  any,  shall  not  be  more  than  ten  feet.  These  two 
lights  shall  be  of  such  a  character  and  contained  in  lanterns 
of  such  construction  as  to  be  visible  all  round  the  horizon, 
the  white  light  a  distance  of  not  less  than  three  miles  and 
the  red  light  of  not  less  two  miles. 

LIGHTS  FOR  EAFTS,  OR  OTHER  CRAFT,  NOT  PROVIDED  FOR. 

(d)  Eafts,  or  other  water  craft  not  herein  provided  for, 
navigating  by  hand  power,  horse  power,  or  by  the  current 
of  the  river,  shall  carry  one  or  more  good  white  lights,  which 
shall  be  placed  in  such  manner  as  shall  be  prescribed  by  the 
Board  of  (Supervising  Inspectors  of  Steam  Vessels. 


PART    XXXVI. — RULES   TO    PREVENT   COLLISIONS.  323 

LIGHTS  FOR  AN  OVERTAKEN  VESSEL. 

Art.  10.  A  vessel  wliich  is  beiug  overtaken  by  another, 
except  a  steam-vessel  with  nn  after range-lijiht  sliowiiiuall 
around  the  horizon,  shall  throw  from  her  stern  to  such  last- 
mentioned  vessel  a  white  light  or  a  tlare-up  light. 

ANCHOR  LIGHTS. 

Art.  11.  A  vessel  under  one,  hundred  and  fifty  feet  in 
lejigth,  when  at  anchor,  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light  in  a  lantern  so  constructed  as 
to  show  a  clear,  uniform,  and  unbroken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  huiulred  and  fifty  feet  or  upwards  in 
length  when  at  anchor  shall  carry  in  the  forward  part  of  the 
vessel,  at  a  height  of  not  less  than  twenty  and  not  exceed- 
ing forty  feet  above  the  hull,  one  such  light,  and  at  or  near 
the  stern  of  the  vessel,  and  at  such  a  height  that  it  shall 
be  not  less  than  fifteen  feet  lower  than  the  forward  light, 
another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
appearing  in  her  certificate  of  registry. 

SPECIAL   SIGNALS. 

Art.  12.  Every  vessel  may,  if  necessary,  in  order  to 
attract  attention,  in  addition  to  the  lights  which  she  is  by 
these  rules  required  to  carry,  show  a  fiare-up  light  or  use 
any  detonating  signal  that  cannot  be  mistaken  for  a  distress 
signal. 

NAVAL  LIGHTS  AND  RECOGNITION  SIGNALS. 

Art.  13.  I^othing  in  these  rules  shall  interfere  with  the 
operation  of  any  specal  rules  made  by  the  Government  of 
any  nation  with  respect  to  additional  station  and  signal 
lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  Avith  the  exhibition  of  recognition  sig- 
nals adopted  by  shipowners,  which  have  been  authorized 
by  their  respective  Grovernments,  and  duly  registered  and 
published. 

STEAM  VESSEL   UNDER   SAIL   BY  DAY. 

Art.  14.  A  steam-vessel  proceeding  under  sail  only,  but 
having  her  funnel  up,  may  carry  in  daytime,  forward,  where 
it  can  best  be  seen,  one  black  ball  or  shape  two  feet  in 
diameter. 

III. — Sound  Signals  in  Fog,  etc. 

PRELIMINARY. 

Art.  15.  All  signals  prescribed  by  this  article  for  vessels 
under  way  shall  be  given : 
1.  By  "  steam- vessels  "  on  the  whistle  or  siren. 


324  PART    XXXYI. RULES    TO    PREVENT    COLLISIONS. 

2.  By  "  sailing-vessels  "  and  "  vessels  towed  "  on  the  fog 
horn. 

The  words  ''  prolonged  blast "  used  in  this  article  shall 
mean  a  blast  of  from  four  to  six  seconds  duration. 

A  steam- vessel  shall  be  provided  with  an  etticient  whistle 
or  siren,  sounded  by  steam  or  by  some  substitute  for  steam, 
so  placed  that  the  sound  may  not  be  intercepted  by  any 
obstruction,  and  with  an  efficient  fog  horn ;  also  with  an 
efficient  bell.  A  sailing-vessel  of  twenty  tons  gross  ton- 
nage or  upward  shall  be  provided  with  a  similar  fog  horn 
and  bell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely : 

STEAM  VESSEL  UNDER   TVAY. 

(a)  A  steam- vessel  under  way  shall  sound,  at  intervals  of 
not  more  than  one  minute,  a  x)rolonged  blast. 

SAIL   VESSEL   UNDER  WAY. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals 
of  not  more  than  one  miuute,  when  on  the  starboard  tack, 
one  blast;  when  on  the  port  tack,  two  blasts  in  succession, 
and  when  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 

VESSELS   AT   ANCHOR   OR  NOT   UNDER  WAY. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals,  of  not 
more  than  one  minute,  ring  the  bell  rapidly  for  about  five 
seconds. 

VESSELS   TOWING  OR   TOWED. 

(e)  A  steam-vessel  when  towing,  shall,  instead  of  the  sig- 
nals prescribed  in  subdivision  (a)  of  this  article,  at  intervals 
of  not  more  than  one  minute,  sound  three  blasts  in  succes- 
sion, namely,  one  prolonged  blast  followed  by  two  short 
blasts.  A  vessel  towed  may  give  this  signal  and  she  shall 
not  give  any  other. 

RAFTS,  OR  OTHER  CRAFT  NOT  PROVIDED  FOR. 

(f )  All  rafts  or  other  water  craft,  not  herein  provided 
for,  navigating  by  hand  power,  horse  power,  or  by  the  cur- 
rent of  the  river,  shall  sound  a  blast  of  the  fog-horn,  or 
equivalent  signal,  at  intervals  of  not  more  than  one  minute. 

SPEED   IN  FOG. 

Art.  IC.  Every  vessel  shall,  in  a  fog,  mist,  falling  snow, 
or  heavy  rainstorms,  go  at  a  moderate  speed,  having  care- 
ful regard  to  the  existing  circumstances  and  conditions. 

A  steam-vessel  hearing,  appareiitly  forward  of  her  beam, 
the  fog-signal  of  a  vessel  the  ijosition  of  which  is  not  ascer- 


PART  XXXYI. — RULES  TO  PREVENT  COLLISIONS.     325 

tained  shall,  so  far  as  tlic  circumstances  of  the  case  admit, 
stop  her  engines,  and  then  navigate  with  caution  until 
danger  of  collision  is  over. 

IV.— Steekino  and  Sailing  Rules. 

PRELIMINARY. 

Risk  of  collision  can,  when  (drcumstances  permit,  bo 
ascertained  by  carefully  watching  the  compass  bearing  of 
an  approaching  vessel.  If  the  bearing  does  not  apprecia- 
bly change,  such  risk  should  be  deemed  to  exist. 

SAILING  VESSELS. 

Art.  17.  When  two  sailing-vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them  shall 
keep  out  of  the  way  of  the  other  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close-hauled  on  the 
starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  differ- 
ent sides,  the  vessel  which  has  the  wind  on  the  port  side 
shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the 
way  of  the  other  vessel. 

STEAM  VESSELS. 

Art.  18.  Rule  I.  When  steam-vesssls  are  approaching 
each  other  head  and  head,  that  is,  end  on,  or  nearly  so,  it 
shall  be  the  duty  of  each  to  pass  on  the  port  side  of  the 
other;  and  either  vessel  shall  give,  as  a  signal  of  her  inten- 
tion, one  short  and  distinct  blast  of  her  whistle,  Avhich  the 
other  vessel  shall  answer  promi)tly  by  a  similar  blast  of 
her  whistle,  and  thereupon  such  vessels  shall  pass  on  the 
port  side  of  each  other.  But  if  the  courses  of  such  vessels 
are  so  far  on  the  starboard  of  each  other  as  not  to  be  con- 
sidered as  meeting  head  and  head,  either  vessel  shall  im- 
mediately give  two  short  and  distinct  blasts  of  her  whistle, 
which  the  other  vessel  shall  answer  promptly  bj^  two  simi- 
lar blasts  of  her  whistle,  and  they  shall  pass  on  the  star- 
board side  of  each  other. 

The  foregoing  only  applies  to  cases  where  vessels  are 
meeting  end  on  or  nearly  end  on,  in  such  a  manner  as  to 
involve  risk  of  collision;  in  other  words,  to  cases  in  which, 
by  day,  each  vessel  sees  the  masts  of  the  other  in  a  line,  or 
nearly  in  a  line,  with  her  own,  and  by  night  to  cases  in 
which  each  vessel  is  in  such  a  position  as  to  see  both  the 
sidelights  of  the  other. 

It  does  not  api>ly  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course,  or  by  night  to  cases 


326      PART  XXXVI. RULES  TO  PREVENT  COLLISIONS. 

where  the  red  light  of  one  vessel  is  opi)Osed  to  the  red 
light  of  the  other,  or  where  the  green  light  of  one  vessel  is 
opposed  to  the  green  light  of  the  other,  or  where  a  red 
liglit  without  a  green  liglit  or  a  green  light  without  a  red 
light,  is  seen  ahead,  or  wliere  both  green  and  red  lights  are 
seen  anywhere  but  ahead. 

EuLE  III.  If,  when  steam-vessels  are  approaching  each 
other,  either  vessel  fails  to  understand  the  course  or  inten- 
tion of  the  other,  from  any  cause,  the  vessel  so  in  doubt 
shall  immediately  signify  the  same  by  giving  several  short 
and  rapid  blasts,  not  less  than  four,  of  the  steam- whistle. 

EuLE  V.  Whenever  a  steam- vessel  is  nearing  a  short 
bend  or  curve  in  the  channel,  where,  from  the  height  of  the 
banks  or  other  cause,  a  steam -vessel  approaching  from  the 
opposite  direction  can  not  be  seen  for  a  distance  of  half  a 
mile,  such  steam- vessel,  when  she  shall  have  arrived  within 
half  a  mile  of  such  curve  or  bend,  shall  give  a  signal  by  one 
long  blast  of  the  steam  whistle,  which  signal  shall  be 
answered  by  a  similar  blast,  given  by  any  approaching 
steam-vessel  that  may  be  within  hearing.  Should  such 
signal  be  so  answered  by  a  steam-vessel  upon  the  farther 
side  of  such  bend,  then  the  usual  signals  for  meeting  and 
passing  shall  immediately  be  given  and  answered;  but,  if 
the  first  alarm  signal  of  such  vessel  be  not  answered,  she  is 
to  consider  the  channel  clear  and  govern  herself  accord- 
ingly. 

When  steam-vessels  are  moved  from  their  docks  or 
berths,  and  other  boats  are  liable  to  pass  from  any  direc 
tion  toward  them,  they  shall  give  the  same  signal  as  in  the 
case  of  vessels  meeting  at  a  bend,  but  immediately  after 
clearing  the  berths  so  as  to  be  fully  in  sight  they  shall  be 
governed  by  the  steering  and  sailing  rules. 

KuLE  YIII.  When  steam-vessels  are  running  in  the  same 
direction,  and  the  vessel  which  is  astern  shall  desire  to 
pass  on  the  right  or  starboard  hand  of  the  vessel  ahead, 
she  shall  give  one  short  blast  of  the  steam-whistle,  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers  with 
one  blast,  she  shall  put  her  helm  to  port;  or  if  she  shall 
desire  to  pass  on  the  left  or  port  side  of  the  vessel  ahead, 
she  shall  give  two  short  blasts  of  tlie  steam- whistle  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers  with 
two  blasts,  shall  put  her  helm  to  starboard ;  or  if  the  vessel 
ahead  does  not  think  it  safe  for  the  vessel  astern  to  attempt 
to  pass  at  that  point,  she  shall  immediately  signify  the 
same  by  giving  several  short  and  rapid  blasts  of  the  steam- 
whistle,  not  less  than  four,  and  under  no  circumstances 
shall  the  vessel  astern  attempt  to  pass  the  vessel  ahead 
until  such  time  as  they  have  reached  a  point  where  it  can 
be  safely  done,  when  said  vessel  aliead  shall  signify  her 
willingness  by  blowing  the  proper  signals.  The  vessel 
ahead  sh;  11  in  no  case  attempt  to  cross  the  bow  or  crowd 
upon  the  course  of  the  i)assing  vessel. 

EuLB  IX.  The  whistle  signals  provided  in  the  rules 
under  this  article,  for  steam-vessels  meeting,  passing,  or 
overtaking,  are  never  to  be  used  except  when  steamers  are 
in  sight  of  each  other,  and  the  course  and  position  of  each 


PART    XXXVI. RULES    TO    PREVENT    COLLISIONS.  327 

can  be  determined  in  the  daytime  by  a  sight  of  the  vessel 
itself,  or  by  night  by  seeing  its  signal  lights.  In  fog,  mist, 
falling  snoV  or  heavy  rainstorms,  when  vessels  can  not  see 
each  other,  fog-signals  only  musfc  be  given. 

SUPPLEMENTARY  REGULATIONS. 

The  supervising  inspectors  of  steam- vessels  and  the  sec.2. 
Supervising  Inspector-(ieneral  shall  establish  such  rules 
to  bo  observed  by  steam-vessels  in  passing  each  other  and 
as  to  the  lights  to  bo  carried  by  ferry-boats  and  by  barges 
and  canal-boats  when  in  tow  of  steam- vessels,  not. incon- 
sistent with  the  provisions  of  this  act,  as  they  from  time 
to  time  may  deem  necessary  for  safety,  which  rules  when 
api)roved  by  the  Secretary  of  the  Treasury,  are  hereby 
declared  special  rules  duly  made  by  local  authority,  as  i)ro- 
vided  for  in  article  thirty  of  chapter  eight  hundred  and 
two  of  the  laws  of  eighteen  hundred  and  ninety.  Two 
jirinted  copies  of  such  rules  shall  be  furnished  to  such  ferry- 
boats and  steam-vessels,  which  rules  shall  be  kept  posted 
up  in  conspicuous  places  in  such  vessels. 

TWO    STEAM- VESSELS   CROSSINa. 

Art.  19.  When  two  steam  vessels  are  crossing,  so  as  to 
involve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

STEAM- VESSEL    SHALL    KEEP    OUT    OF    THE    WAY   OF 
SAILING-VESSEL. 

Art.  20.  When  a  steam- vessel  and  sailing  vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  collision, 
the  steam-vessel  shall  keep  out  of  the  way  of  the  sailing- 
vessel. 

COURSE   AND   SPEED. 

Art.  21.  Where,  by  any  of  these  rules,  one  of  the  two 
vessels  is  to  keep  out  of  the  way,  the  other  shall  keep  her 
course  and  speed. 

[See  articles  27  and  29.J 

CROSSING   AHEAD. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cir- 
cumstances of  the  case  admit,  avoid  crossing  ahead  of  the 
other. 

STEAM- VESSELS    SHALL    SLACKEN    SPKED    OR   STOP. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these 
rules  to  kee])  out  of  the  way  of  another  vessel  shall,  on  ap- 
proaching her,  if  necessary,  slacken  her  speed  or  stop  or 
reverse. 


328  PART   XXXVI. — RULES   TO    PREVENT    COLLISIONS. 

OVERTAKING    VESSELS. 

Art.  24.  Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  slie  Avould  be  unable  to  see  either 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel  a 
crossing  vessel  within  the  meaning  of  these  rules,  or  relieve 
her  of  the  duty  of  keeping  clear  of  the  overtaken  vessel 
until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  always  know 
with  certainty  whether  she  is  forward  of  or  abaft  this  direc- 
tion from  the  other  vessel  she  should,  if  in  doubt,  assume 
that  she  is  an  overtaking  vessel  and  keej)  out  of  the  way. 

NARROW   CHANNELS. 

Art.  25.  In  narrow  channels  every  steam-vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair- way  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

RIGHTS   OF   WAY   OF   FISHING  VESSELS. 

Art.  26.  Sailing-vessels  under  way  shall  keep  out  of  the 
way  of  sailing-vessels  or  boats  fishing  with  nets,  or  lines 
or  trawls.  This  rule  shall  not  give  to  any  vessel  or  boat 
engaged  in  fishing  the  right  of  obstructing  a  fair- way  used 
by  vessels  other  than  fishing-vessels  or  boats. 

GENERAL  PRUDENTIAL  RULE. 

Art.  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  colli- 
sion, and  to  any  special  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

SOUND   SIGNALS   FOR   PASSING   STEAMERS 

(See  Art.  18.) 

Art.  28.  When  vessels  are  in  sight  of  one  another  a 
steam-vessel  under  way  whose  engines  are  going  at  full 
speed  astern  shall  indicate  that  fact  by  three  short  blasts 
on  the  M  histle. 

PRECAUTION. 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel, or  the  owner  or  master  or  crew  thereof,  from  the  con- 
sequences of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 


PART    XXXVI. — RULES    TO    PREVENT   COLLISIONS.  329 

any  precaution  which  may  be  retiuiicd  by  the  ordinary 
l)ractice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

LIGHTS   ON   UNITED   STATES  NAVAL   VESSELS   AND   REVE- 
NUE  CUTTERS. 

Art.  30.  The  exhibition  of  any  light  on  board  of  a  vessel 
of  war  of  the  United  States  or  a  revenne  cntter  may  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of  the 
Navy,  the  commander  in  chief  of  a  ^(inadron,  or  the  com- 
mander of  a  vessel  acting  singly,  the  special  character  of 
the  service  may  require  it. 

DISTRESS   SIGNALS. 

Art.  31.  When  a  vessel  is  in  distress  and  requires  assist- 
ance from  other  vessels  or  from  the  shore  the  following 
shall  be  the  signals  to  bo  used  or  displayed  by  her,  either 
together  or  separately,  namely : 

IN   THE    DAYTIME. 

A  continuous  sounding  with  any  fog-signal  apparatus,  or 
firing  a  gun. 

AT   NIGHT. 

First.  Flames  on  the  vessel  as  from  a  burning  tar  barrel, 
oil  barrel,  and  so  forth. 

Second.  A  continuous  sounding  with  any  fog-signal 
apparatus,  or  firing  a  gun. 

349.  Limits  of  application  of  international  and  inland  or  local  rules. 

The  Secretary  of  the  Treasury  is  hereby  authorized,  Feb.i9,i895. 
empowered  and  directed  from  time  to  time  to  designate  and  ^^'^•^■ 
define  by  suitable  bearings  or  ranges  with  light  houses, 
light  vessels,  buoys  or  coast  objects,  the  lines  dividing  the 
high  seas  from  rivers,  harbors  and  inland  waters.  The 
words  "inland  waters"  used  in  this  Act  shall  not  be  held 
to  include  the  Great  Lakes  and  their  connecting  and  tribu- 
tary waters  as  far  east  as  Montreal ; 

LINES  ESTABLISHING  HARBORS,  RIVERS,  AND.  INLAND 
WATERS  OF  THE  UNITED  STATES,  WITHIN  WHICH  THE 
INLAND   RULES  ARE   TO   APPLY. 

[Bearings  are  magnetic  and  given  approximately.] 

New  York  Harbor:  From  Navesink  (southerly)  light- 
house NE.  I  E.,  easterly,  to  Scotland  light- vessel;  thence 
NNE.  ^  E.  through  Gedney  Channel  Whistling  Buoy  to 
Rockaway  Point  Life-Saving  Station. 

Baltimore  Harbor  and  Chesapeake  Bay:  From  Cape 
Henry  light  house  NE.  by  10.  '\  E.,  easterly,  to  Outer  En- 
trance Whistling  Buoy;  thence  N.  by  E.  y  E.  to  Cape 
Charles  light-house. 


330  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

Galveston  Harbor :  From  Galveston  Bar  Whistling  Buoy 
N.  by  W.  3  W.  through  the  beacon  marking  the  outer  ex- 
tremity of  the  N.  jetty,  and  SVV.  by  VV.  .}  W.,  westerly, 
through  !North  Breaker  Beacon. 

Boston  Harbor:  From  Point  Allerton  XXE.  I  E.,  east- 
erly, through  Point  Allerton  Beacon  to  Northeast  Grave 
Whistling  Buoy;  thence  NNE.  ^  E.  to  Outer  Breaker 
(Great  Pig  Rocks)  Bell  Buoy;  thence  NE.  by  E.  |  E.  to 
Halfway  liock  Beacon;  thence  KE.  by  E.  ^  E.  to  Eastern 
Point  light-house. 

San  Francisco  Harbor :  From  Point  Bonita  light-house 
SE.  1  S.  to  Point  Lobos. 

Philadelphia  Harbor  and  Delaware  Bay:  From  Cape 
Henlopen  light-liouse  NE.  by  E.  to  South  Shoal  Whistling 
Buoy;  tbence  NNE.  ^  E.  to  Cape  May  light  house. 

Charleston  Harbor:  From  Charleston  light- vessel  NW. 
^  W.  (toward  Sullivans  Island  Eange  Bear  Light)  to  the 
North  Jetty,  and  from  Charleston  light-vessel  S  W.  i  W.  to 
Charleston  Whistling  Buoy;  thence  SW.  ^  W.  to  Charles- 
ton Main  Channel  Entrance  Bell  Buoy;  thence  W.  to  Folly 
Island. 

Savannah  Harbor  and  Calibogue  Sound:  From  Tybee 
Whistling  Buoy  NN  W.  H  W.  through  North  Slue  Channel 
Outer  Buoy  to  Braddock  Point,  Hilton  Head  Island,  and 
from  Tybee  Whistling  Buoy  W.  to  Tybee  Island. 

St.  Simon  Sound  (Brunswick  Harbor)  and  St.  Andrew 
Sound:  From  hotel  on  beach  of  St.  Simon  Island  ||  mile 
NE.  by  E.  4  E.  from  St.  Simon  light-house,  SE.  §  E.  to  St. 
Simon  Sea  Buoy;  thence  S.  ^  E.  to  St.  Andrew's  Sound 
Sea  Buoy;  thence  W.  to  the  shore  of  Little  Cumberland 
Island. 

Pensacola  Harbor:  From  Pensacola  Entrance  Whistling 
Buoy  N.  I  W.,  a  tangent  to  the  E.  side  of  Fort  Pickens,  to 
the  shore  of  Santa  Rose  Island,  and  from  the  Whistling 
Buoy  NW.  1%  \v.  to  Fort  McRee  Range  Front  Light. 

Mobile  Harbor  and  Bay:  From  Mobile  Bay  Outer  or 
Deep  Sea  Whistling  Buoy  (or  its  watch  buoy  in  summer) 
NE.  by  N.  to  the  shore  of  Mobile  Point,  and  from  the  Whist- 
ling Buoy  NW.  by  W.  to  the  shore  of  Dauphin  Island, 

New  Orleans  Harboi  and  the  Delta  of  the  Mississippi: 
From  South  Pass  East  Jetty  lighthouse  N.  by  E.  ^^  E.  to 
Pass  a  Loutre  light-house;  thence  N.  to  Errol  Island  and 
from  Soutli  Pass  East  Jetty  light-house  W.  I  S.  to  South- 
west Pass  light  house;  thence  N.  to  shore. 

San  Diego  Harbor :  From  Point  Loma  light-house  S.  ^  E. 
to  San  Diego  Bay  Outside  Bar  Whistling  Buoy;  thence 
NNE.  I  E.  to  tower  of  Coronado  Hotel. 

Columbia  River  Entrance:  From  Cape  Disappointment 
light  house  SE.  ^  E.  to  Point  Adams  lighthouse. 

Cutler  (Little  River)  Harbor,  Me. :  A  line  drawn  from 
Long  Point  SW.  by  W.  f  W.  to  Little  River  Head. 

Little  Machias  Bay,  Machias  Bay,  Englishman  Bay, 
Chandler  Bay,  Moosabec  Reach,  Pleasant  Bay,  Narragua- 
gus  Bay,  and  Pigeon  H;ll  Bay,  Me. :  Aline  drawn  from 
Little  River  Head  WSW.  -\  W.  to  the  outer  side  of  Old 
Man;  thence  WSW.  f  W.  to  the  outer  side  of  Double  Shot 


PART  XXXVI. RULES  TO  PREVENT  COLLISIONS.     331 

Islands;  thence  W.  f  S.  to  Libby  Islands  lighthouse; 
thence  WSW.  \  W.  to  Moose  Peak  lighthouse;  thence 
WSW.  4-  W.  to  Little  Pond  Head;  from  Pond  Point,  (Jreat 
Wass  Island,  \V.  by  S.  to  outer  side  of  Crumple  Island; 
thence  W.  jl  S.  to  Petit  3Ianan  light  house. 

All  harbors  on  the  coasts  of  ]Maine,  JSfew  Hampshire,  and 
Massaclmsetts  between  l*etit  ]\Ianan  lighthouse,  Me.,  and 
Cape  Ann  light-houses,  Mass. :  A  line  drawn  from  Petit 
Manan  liglit-house  SW.  '^  S.,  26.\  miles,  to  Mount  Desert 
light-house;  thence  W.  '^  S.,  o3.)  miles,  to  Matiuicus  Kock 
light-houses;  thence  WXW.  J  W.,  20  miles,  to  Monhegan 
Island  light  house;  thence  W.,  21  miles,  to  Seguin  Island 
Whistling  Pnoy;  thence  W.  ^  S.,  10  miles,  to  Old  Anthony 
Whistling  P>uoy,  off  Cape  Elizabeth ;  tlience  S  W.,  28  miles, 
to  Boon  Island  lighthouse;  thence  SW.  -J  W.,  12  miles,  to 
Anderson  Ledge  Spindle,  off  Isles  of  Shoals  light-house; 
thence  S.  by  vv".  ^  W.,  lOi  miles,  to  Cape  Ann  light-houses, 
Massachusetts.  (Lines  heretofore  established  for  Portland 
Harbor,  and  Kittery  Harbor,  Me.,  Portsmouth  Harbor,  New 
Hampshire,  Newburyport,  Ipswich  and  Aunisquam  har- 
bors, Massachusetts,  are  hereby  canceled.) 

All  harbors  in  Cape  Cod  Bay,  Mass. :  A  line  drawn  from 
Plymouth  (Gurnet)  light-houses  E.,  IG;^  miles,  to  Race  Point 
light- house. 

Nantucket  Sound,  Vineyard  Sound,  Buzzards  Bay,  Nar- 
ragansett  Bay,  Block  Island  Sound,  and  easterly  entrance 
to  Long  Island  Sound:  A  line  drawn  from  Chatham  light- 
houses, ]\fass.,  S.  by  E.  §  E.,  about  6  miles,  to  Northeast 
Slue  ChannelWhistling  Buoy  (Pollock  Rip);  thence  S.  by 
W.  I  W.,  about  11  miles,  to  Great  Round  Shoal  light  vessel; 
thence  SSW.  f  W.,  7-i  miles,  to  Sankaty  Head  light- house; 
from  the  westerly  end  of  Tuckernuck  Island  NW.  by  W.  ^ 
W.,  about  5i  miles,  to  Wasque  Point,  Chappaquiddick 
Island ;  from  Gay  Head  light-house  W.  ^  s.^  35  miles,  to 
Block  Island  (SE.)  light  house;  thence  W.  ^  S.,  15  miles, 
to  Montauk  Point  light-house,  on  the  easterly  end  of  Long- 
Island,  New  York. 

St.  Johns  River,  Florida:  A  straight  line  from  the  outer 
end  of  the  northerly  jetty  to  the  outer  end  of  the  southerly 


350.    Ru/es  for  the  Creat  Lakes  and  the  St.  Lawrence  River  as  tar  east  as 
Montreal. 

The  following  rules  for  preventing  collisions  shall  be    f.i«.8,i895. 
followed  in  the  navigation  of  all  i)ublic  and  private  vessels 
of  the  United  States  u])on  the  Great  Lakes  and  their  con- 
necting and  tributarj^  waters  as  far  east  as  Montreal. 

Steam  and  Sail  Vessels. 

Rule  1.  Every  steam  vessel  which  is  under  sail  and  not 
under  steam,  shall  be  considered  a  sail  vessel;  and  every 
steam  vessel  which  is  under  steam,  whether  under  sail  or 
not,  shall  be  considered  a  steam  vessel.  The  word  steam 
vessel  shall  include  any  vessel  propelled  by  machinery. 


332  PART    XXXVI. — RULES    TO    PREVENT   COLLISIONS. 

A  vessel  is  under  way  witliiu  the  meaning  of  these  rules 
when  she  is  not  at  anchor  or  made  fast  to  the  shore  or 
aground. 

LIGHTS. 

Rule  2.  The  lights  mentioned  in  the  following  rules  and 
no  others  shall  be  carried  in  all  weathers  from  sunset  to  sun- 
rise. The  word  visible  iu  these  rules  when  applied  to  lights 
shall  mean  visible  on  a  dark  night  with  a  clear  atmosphere. 

Rule  3.  Except  in  the  cases  hereinafter  expressly  pro- 
vided for,  a  steam  vessel  when  under  way  shall  carry: 

(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without 
a  foremast,  then  in  the  forepart  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  twenty  feet,  and  if  the  beam 
of  the  vessel  exceeds  twenty  feet,  then  at  a  height  above 
the  hull  not  less  than  such  beam,  so,  however,  that  such 
height  need  not  exceed  forty  feet,  a  bright  white  light  so 
constructed  as  to  show  an  unbroken  light  over  an  arc  of 
the  horizon  of  twenty  points  of  the  comi)ass,  so  fixed  as  to 
throw  the  light  ten  j)oiuts  on  each  side  of  the  vessel, 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side,  and  of  such  character  as  to  be  visible  at  a  dis- 
tance of  at  least  five  miles. 

(b)  On  the  starboard  side,  a  green  light,  so  constructed 
as  to  throw  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the  star- 
board side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side,  a  red  light,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 
and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 

(d)  The  said  green  and  red  lights  shall  be  fitted  with 
inboard  screens  projecting  at  least  three  feet  forward  from 
the  light,  so  as  to  prevent  these  lights  from  being  seen 
across  the  bow. 

(e)  A  steamer  of  over  one  hundred  and  fifty  feet  register 
length  shall  also  carry  when  underway  an  additional  bright 
light  similar  in  construction  to  that  mentioned  in  subdivi- 
sion (a),  so  fixed  as  to  throw  the  light  all  around  the  hori- 
zon and  of  such  character  as  to  be  visible  at  a  distance  of 
at  least  three  miles.  Such  additional  light  shall  be  placed 
in  line  with  the  keel  at  least  fifteen  feet  higher  from  the 
deck  and  more  than  seventy-five  feet  abaft  the  light  men- 
tioned in  subdivision  (a). 

VESSELS   TOWING. 

Rule  4.  A  steam  vessel  having  a  tow  other  than  a  raft 
shall  in  addition  to  the  forward  bright  light  mentioned  in 
subdivision  (a)  of  rule  three  carry  in  a  vertical  line  not  less 
than  six  feet  above  or  below  that  light  a  second  bright  light 
of  the  same  construction  and  character  and  fixed  and  car- 


PART  XXXVI. RULES  TO  PREVENT  COLLISIONS.     333 

ried  in  the  same  manner  as  the  forward  bright  light  men- 
tioned in  said  snbdivision  (a)  of  rule  three.  Such  steamer 
shall  also  carry  a  small  bright  light  abaft  the  funnel  or 
aftermast  for  the  tow  to  steer  by,  but  such  light  shall  not 
be  visible  forward  of  the  beam. 

Rule  5.  A  steam  vessel  having  a  raft  in  tow  shall,  in- 
stead of  the  forward  lights  mentioned  in  rule  four,  carry 
on  or  in  front  of  the  foremast,  or  if  a  vessel  without  a  fore- 
mast then  in  the  fore  part  of  the  vessel,  at  a  height  above 
the  hull  of  not  less  than  twenty  feet,  and  if  the  beam  of 
the  vessel  exceeds  twenty  feet,  then  at  a  height  above  the 
hull  not  less  than  such  beam,  so  however  that  such  height 
need  not  exceed  forty  feet,  two  bright  lights  in  a  horizontal 
line  athwartships  and  not  less  than  eight  feet  apart,  each 
so  fixed  as  to  throw  the  light  all  around  the  horizon  and 
of  such  character  as  to  be  visible  at  a  distance  of  at  least 
five  miles.  Such  steamer  shall  also  carry  the  small  bright 
steering  light  aft,  of  the  character  and  fixed  as  required  in 
rule  four. 

Rule  0.  A  sailing  vessel  under  way  and  any  vessel  being 
towed  shall  carry  the  side  lights  mentioned  in  rule  three. 

A  vessel  in  tow  shall  also  carry  a  small  bright  light  aft, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

Rule  7.  The  lights  for  tugs  under  thirty  tons  register 
whose  principal  business  is  harbor  towing,  and  for  boats 
navigating  only  on  the  River  Saint  Lawrence,  also  ferry- 
boats, rafts,  and  canal  boats,  shall  be  regulated  by  rules 
which  have  been  or  may  hereafter  be  i)rescribed  by  the 
Board  of  Supervising  Inspectors  of  Steam  Vessels. 

Rule  8.  Whenever,  as  in  the  case  of  small  vessels  under 
way  during  bad  weather,  the  green  and  red  side  lights  can 
not  be  fixed,  these  lights  shall  be  kept  at  hand  lighted  and 
ready  for  use,  and  shall,  on  the  approach  of  or  to  other  ves- 
sels, be  exhibited  on  their  respective  sides  in  sufficient  time 
to  prevent  collision,  in  such  manner  as  to  make  them  most 
visible,  and  so  that  the  green  light  shall  not  be  seen  on  the 
port  side,  nor  the  red  light  on  the  starboard  side,  nor,  if 
practicable,  more  than  two  points  abaft  the  beam  on  their 
respective  sides.  To  make  the  use  of  these  portable  lights 
more  certain  and  easy,  they  shall  each  be  i)ainted  outside 
with  the  color  of  the  light  they  respectively  contain,  and 
shall  be  provided  with  suitable  screens. 

Rule  9.  A  vessel  under  one  hundred  and  fifty  feet  reg- 
ister length,  when  at  anchor,  shall  carry  forward,  where  it 
can  best  be  seen,  but  at  a  height  not  exceeding  twenty 
feet  above  the  hull,  a  white  light  in  a  lantern  constructed 
so  as  to  show  a  clear,  uniform,  and  unbroken  light,  visible 
all  around  the  horizon,  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upward  in  reg- 
ister length,  wlien  at  anchor,  shall  carry  in  the  forward  part 
of  the  vessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet  above  the  hull,  one  such  light,  and  at 
or  near  the  stern  of  the  vessel,  and  at  such  a  height  that  It 
shall  be  not  less  than  fifteen  feet  lower  than  the  forward 
light,  another  such  light. 

Rule  10.  Produce  boats,  canal  boats,  fishing  boats,  rafts, 


334  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

or  other  water  craft  navigatiug  any  bay,  harbor,  or  river 
by  hand  power,  horse  power,  sail,  or  by  the  current  of  the 
river,  or  which  sliall  be  anchored  or  moored  in  or  near  the 
channel  or  fairway  of  any  bay,  harbor,  or  river,  and  not 
otherwise  provided  for  in  these  rules,  shall  carry  one  or 
more  good  white  lights,  which  shall  be  i)laced  in  such  man- 
ner as  shall  be  prescribed  by  the  Board  of  Supervising 
Inspectors  of  Steam  Vessels. 

KuLE  11.  Open  boats  shall  not  be  obliged  to  carry  the 
side  lights  required  for  other  vessels,  but  shall,  if  they  do 
not  carry  such  lights,  carry  a  lantern  having  a  green  slide 
on  one  side  and  a  red  slide  on  the  other  side;  and  on  the 
api)roach  of  or  to  other  vessels,  such  lantern  shall  be  exhib- 
ited in  sufficient  time  to  prevent  collision,  and  in  such  a 
manner  that  the  green  light  shall  not  be  seen  on  the  port 
side,  nor  the  red  light  on  the  starboard  side.  Open  boats, 
when  at  anchor  or  stationary,  shall  exhibit  a  bright  white 
light.  They  shall  not,  however,  be  prevented  from  using  a 
llare-up  in  addition  if  considered  expedient. 

EuLE  12.  Sailing  vessels  shall  at  all  times,  on  the 
approach  of  any  steamer  during  the  night-time,  show  a 
lighted  torch  upon  that  point  or  quarter  to  which  such 
steamer  shall  be  approaching. 

EuLE  13.  The  exhibition  of  any  light  on  board  of  a  vessel 
of  war  or  revenue  cutter  of  the  United  States  may  be  sus- 
pended whenever,  in  the  opinion  of  the  Secretary  of  the 
ISTavy,  the  commander  in  chief  of  a  squadron,  or  the  com- 
mander of  a  vessel  acting  singly,  the  special  character  of 
the  service  may  require  it. 

FOG   SIGNALS. 

EuLE  14.  A  steam  vessel  shall  be  provided  with  an  effi- 
cient whistle,  sounded  by  steam  or  by  some  substitute  for 
steam,  placed  before  the  funnel  not  less  than  eight  feet 
from  the  deck,  or  in  such  other  place  as  the  local  inspectors 
of  steam  vessels  shall  determine,  and  of  such  character  as 
to  be  heard  in  ordinary  weather  at  a  distance  of  at  least 
two  miles,  and  with  an  efficient  bell,  and  it  is  hereby  made 
the  duty  of  the  United  States  local  inspectors  of  steam 
vessels  when  inspecting  the  same  to  require  each  steamer 
to  be  furnished  with  such  whistle  and  bell.  A  sailing  ves- 
sel shall  be  provided  with  an  efficient  fog  horn  and  with  an 
efficient  bell. 

Whenever  there  is  thick  weather  by  reason  of  fog,  mist, 
falling  snow,  heavy  rainstorms,  or  other  causes,  whether  by 
day  or  by  night,  fog  signals  shall  be  used  as  follows: 

(a)  A  steam  vessel  under  way,  excepting  only  a  steam 
vessel  with  raft  in  tow,  shall  sound  at  intervals  of  not  more 
than  one  minute  three  distinct  blasts  of  her  whistle. 

(b)  Every  vessel  in  tow  of  another  vessel  shall,  at  inter- 
vals of  one  minute,  sound  four  bells  on  a  good  and  efficient 
and  properly  lilaced  bell  as  follows:  By  striking  the  bell 
twice  in  quick  succession,  followed  by  a  little  longer  inter- 
val, and  then  again  striking  twice  in  quick  succession  (in 
the  manner  in  which  four  bells  is  struck  in  indicating  time). 


PART   XXXVI. — RULES    TO    PREVENT    COLLISIONS.  335 

(c)  A  steamer  with  a  raft  in  tow  shall  sound  at  intervals 
of  not  more  than  one  minnte  a  screeching  or  ^Nlodoc  whistle 
for  from  three  to  five  seconds. 

(d)  A  sailing"  vessel  under  way  and  not  in  tow  shall 
sound  at  intervals  of  not  more  than  one  minute — 

If  on  the  starboard  tack  with  wind  forward  ot  abeam,  one 
blast  of  her  fog  horn; 

If  on  the  port  tack  with  wind  forward  of  tlie  beam,  two 
blasts  of  her  fog  horn; 

If  she  has  the  wind  abaft  the  beam  on  either  side,  tliree 
blasts  of  her  tog  horn. 

(e)  Any  vessel  at  anchor  and  any  vessel  aground  in  or 
near  a  channel  or  fairway  shall  at  intervals  of  not  more 
than  two  minutes  ring  the  bell  rapidly  for  three  to  five 
seconds. 

(f)  Vessels  of  less  than  ten  tons  registered  tonnage,  not 
being  steam  vessels,  shall  not  be  obliged  to  give  the  above- 
mentioned  signals,  but  if  they  do  not  they  shall  make  some 
other  efficient  sound  signal  at  intervals  of  not  more  than 
one  minute. 

(g)  Produce  boats,  fishing  boats,  rafts,  or  other  water 
craft  navigating  by  hand  power  or  by  the  current  of  the 
river,  or  anchored  or  moored  in  or  near  the  channel  or  fair- 
way and  not  in  any  port,  and  not  otherwise  provided  tor  in 
the^e  rules,  shall  sound  a  fog  horn,  or  equivalent  signal,  at 
intervals  of  not  more  than  one  minute. 

Rule  15.  Every  vessel  shall,  in  thick  weather,  by  reason 
of  fog,  mist,  falling  snow,  heavy  rain  storms,  or  other  causes, 
go  at  moderate  si)eed.  A  steam  vessel  hearing,  apparently 
not  more  than  four  points  from  right  ahead,  the  fog  sigiuil 
of  another  vessel  shall  at  once  reduce  her  speed  to  bare 
steerageway,  and  navigate  with  caution  until  the  vessels 
shall  have  passed  each  other. 

Steering  and  Sailing  Rules. 

sailing  vessels. 

Rule  16.  When  two  sailing  vessels  are  approaching  one 
another  so  as  to  involve  risk  of  collision  one  of  them  shall 
keep  out  of  the  way  of  the  other,  as  follows,  namely: 

(a)  A  vessel  which  Is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  closehauled. 

(b)  A  vessel  which  is  closehauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  closehauled  on  the 
starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  differ- 
ent sides,  the  vessel  which  has  the  wind  on  the  port  side 
shall  keep  out  of  the  way  of  the  other. 

(d)  When  they  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  windward  shall  keep  out 
of  the  way  of  the  vessel  which  is  to  leeward. 

STEAM  VESSELS. 

Rule  17.  When  two  steam  vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision  each  shall 


336     PART  XXXVI. RULES  TO  PREVENT  COLLISIONS. 

alter  her  course  to  starboard,  so  that  each  shall  pass  on  the 
port  side  of  the  other. 

liuLE  18.  When  two  steam  vessels  are  crossing  so  as  to 
involve  risk  of  collision  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

EuLE  19.  When  a  steam  vessel  and  a  sailing  vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  collision 
the  steam  vessel  shall  keep  out  of  the  way  of  the  sailing 
vessel. 

KuLE  20.  Where,  by  any  of  the  rules  lierein  prescribed, 
one  of  two  vessels  shall  keep  out  of  the  way,  the  other 
shall  keep  her  course  and  speed. 

EuLE  1*1.  Every  steam  vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop  or 
reverse. 

EuLE  22.  Notwithstanding  anything  contained  in  these 
rules  every  vessel  overtaking  any  other  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

EuLE  23.  In  all  weathers  every  steam  vessel  under  way 
in  taking  any  course  authorized  or  required  by  these  rules 
shall  indicate  that  course  by  the  following  signals  on  her 
whistle,  to  be  accompanied  whenever  required  by  corre- 
sponding alteration  of  her  helm;  and  every  steam  vessel 
receiving  a  signal  from  another  shall  x>romptly  respond 
with  the  same  signal  or,  as  provided  in  Eule  Twenty-six: 

One  blast  to  mean,  "  I  am  directing  my  course  to 
starboard." 

Two  blasts  to  mean,  "  I  am  directing  my  course  to  port." 
But  the  giving  or  answering  signals  by  a  vessel  required  to 
keep  her  course  shall  not  vary  the  duties  and  obligations  of 
the  respective  vessels. 

Eule  21.  That  in  all  narrow  channels  where  there  is  a 
current,  and  in  the  rivers  Saint  Mary,  Saint  Clair,  Detroit, 
Niagara,  and  Saint  Lawrence,  when  two  steamers  are 
meeting,  the  descending  steamer  shall  have  the  right  of 
way,  and  shall,  before  the  vessels  shall  have  arrived  within 
the  distance  of  one-half  mile  of  each  other,  give  the  signal 
necessary  to  indicate  which  side  she  elects  to  take. 

Eule  25.  In  all  channels  less  than  five  hundred  feet  in 
width,  no  steam  vessel  shall  x)ass  another  going  in  the  same 
direction  unless  the  steam  vessel  ahead  be  disabled  or  sig- 
nify her  willingp.ess  that  the  steam  vessel  astern  shall  i)ass, 
when  the  steam  vessel  astern  may  pass,  subject,  however, 
to  the  other  rules  applicable  to  sucli  a  situation.  And 
when  steam  vessels  proceeding  in  opposite  directions  are 
about  to  meet  in  such  channels,  both  such  vessels  shall 
be  slowed  down  to  a  moderate  speed,  according  to  the 
circumstances. 

Eule  26.  If  the  pilot  of  a  steam  vessel  to  which  a  pass- 
ing signal  is  sounded  deems  it  unsafe  to  accept  and  assent 
to  said  signal,  he  shall  not  vsound  across  signal;  but  in 
that  case,  and  in  every  case  where  the  pilot  of  one  steamer 
fails  to  understand  the  course  or  intention  of  an  approach- 
ing steamer,  whether  from  signals  being  given  or  answered 


PART  XXXVI. RULES  TO  PREVENT  COLLISIONS.     337 

erroneously,  or  from  Other  causes,  the  i)ilot  of  sucli  steamer 
so  reeeiviiijj^  the  (irst  passinj;-  signal,  or  the  pilot  so  in  doubt, 
shall  sound  several  short  and  rapid  blasts  of  the  whistle; 
and  if  the  vessels  shall  have  approached  within  half  a  mile 
of  each  other  both  shall  reduce  their  si)eed  to  bare  steer- 
ageway,  and,  if  necessary,  sto])  and  reverse. 

KULE  L'7.  In  obeying  and  coustruing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  col- 
lision and  to  any  S])ecia]  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

Rule  28.  Nothing  in  these  rules  shall  exonerate  any 
vessel,  or  the  owner  or  master  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or 
of  any  neglect  to  keep  a  proper  lookout,  or  of  a  neglect  of 
any  precaution  Avhich  may  be  refjuired  by  the  ordinary 
practice  of  seamen,  or  by  the  special-circumstances  of  the 
case. 

A  fine,  not  exceeding  two  hundred  dollars,  may  be  scc.2. 
imposed  for  the  violation  of  any  of  the  provisions  of  this 
Act.  The  vessel  shall  be  liable  for  the  said  penalty,  and 
may  be  seized  and  proceeded  against,  by  way  of  libel,  in 
the  district  court  of  the  United  States  for  any  district 
within  which  such  vessel  may  be  found. 

The  Secretary  of  the  Treasury  of  the  United  States  shall    scc.3. 
have  authority  to  establish  all  necessary  regulations,  not 
inconsistent  with  the  provisions  of  this  Act,  required  to 
carry  the  same  into  effect. 

The  Board  of  Supervising  Inspectors  of  the  United 
States  shall  have  authority  to  establish  such  regulations 
to  be  observed  by  all  steam  vessels  in  passing  each  other, 
not  inconsistent  with  the  provisions  of  this  Act,  as  they 
shall  from  time  to  time  deem  necessary;  and  all  regulations 
adopted  by  the  said  Board  of  Supervising  Inspectors  under 
the  authority  of  this  Act,  when  approved  by  the  Secretary 
of  the  Treasury,  shall  have  the  force  of  law.  Two  i)rinted 
copies  of  any  such  regulations  for  passing,  signed  by  them, 
shall  be  furnished  to  each  steam  vessel,  and  shall  at  all 
times  be  kept  posted  up  in  conspicuous  places  on  board. 

All  laws  or  parts  of  laws,  so  far  as  api^licable  to  the    ^®*'-^- 
navigation  of  the  Great  Lakes  and  their  (connecting  and 
tributary  waters  as  far  east  as  .Montreal,  inconsistent  with 
the  foregoing  rules  are  hereby  repealed. 

351.  Rules  for  the  Red  River  of  the  North  and  rivers  emptying  into  the  Gulf 
of  Mexico,  and  their  tributaries. 

Sections  forty-two  hundred  thirty-three,  forty-four  hun-  Juno7.i897. 
died  and  twelve  (with  the  regulations  made  in  pursuance  ^'^''■^' 
thereof,  excei)t  the  rules  and  regulations  for  the  govern- 
ment of  pilots  of  steamers  navigating  the  Red  River  of  the 
North  and  rivers  emptying  into  the  Gulf  of  Mexico  and 
their  tributaries,  and  except  the  rules  for  the  Great  Lakes 
and  their  connecting  and  tributary  waters  as  far  east  as 
Montreal),  and  forty-four  hundred  and  thirteen  of  the 
NAV  99,  PT  2 22 


)38  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

Revised  Statutes  of  the  United  States,  and  cliapter  two 
hundred  and  two  of  the  laws  of  eighteen  hundred  and 
ninety- three,  and  sections  one  and  three  of  chapter  one  hun- 
dred and  two  of  the  hiws  of  eighteen  hundred  and  ninety- 
five,  and  sections  five,  twelve  and  thirteen  of  the  Act 
approved  March  third,  eighteen  hundred  and  ninety-seven, 
entitled  "An  Act  to  amend  the  laws  relating  to  naviga 
tion,"  and  all  amendments  thereto,  are  hereby  repealed  so 
far  as  the  harbors,  rivers,  and  iidaud  waters  aforesaid 
(except  the  Great  Lakes  and  their  connecting  and  tributary 
Avaters  as  far  east  as  Montreal  and  the  Red  River  of  tlie 
North,  and  rivers  emptying  into  the  Gulf  of  Mexico,  and 
their  tributaries)  are  concerned. 
R.s.,4233.  rJ^^Q  following  rules  for  preventing  collisions  on  the  water 

shall  be  followed  in  the  navigation  of  vessels  of  the  Navy 
and  of  the  mercantile  marine  of  the  United  States: 

STEAM  AND   SAIL   VESSELS. 

Rule  one.  Every  steam-vessel  which  is  under  sail,  and 
not  under  steam,  shall  be  considered  a  sail- vessel;  and 
every  steam-vessel  which  is  under  steam,  whether  under 
sail  or  not,  shall  be  considered  a  steam-vessel. 

LIGHTS. 

Rule  two.  The  lights  mentioned  in  the  following  rules, 
and  no  others,  shall  be  carried  in  all  weathers,  between 
sunset  and  sunrise. 

Rule  three.  All  ocean-going  steamers,  and  steamers  car- 
rying sail,  shall,  when  under  way,  carry — 

(A)  At  the  foremast  head,  a  bright  white  light,  of  such 
a  character  as  to  be  visible  on  a  dark  night,  with  a  clear 
atmosphere,  at  a  distance  of  at  least  five  miles,  and  so  con- 
structed as  to  show  a  uniform  and  unbroken  light  over  an 
arc  of  the  horizon  of  twenty  i)oints  of  the  compass,  and  so 
fixed  as  to  throw  the  light  ten  points  on  each  side  of  the 
vessel,  namely,  from  right  ahead  to  two  points  abaft  the 
beam  on  either  side. 

(B)  On  tlje  starboard  side,  a  green  light,  of  such  a  char- 
acter as  to  be  visible  on  a  dark  night,  with  a  clear  atmos 
phere,  at  a  distance  of  at  least  two  miles,  and  so  constructed 
as  to  show  a  uniform  and  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  and  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  starboad  side. 

(C)  On  the  port  side,  a  red  light,  of  such  a  character  as 
to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at 
a  distance  of  at  least  two  miles,  and  so  constructed  as  to 
show  a  uniform  and  unbroken  light  over  an  arc  of  the  hori- 
zon of  ten  points  of  the  compass,  and  so  fixed  as  to  throw 
the  light  from  right  ahead  to  two  points  abaft  the  beam  on 
the  port  side. 

The  green  and  red  lights  shall  be  fitted  with  inboard 
screens,  projecting  at  lenst  three  ieet  forward  from  the 
lights,  so  as  to  prevent  them  from  being  seen  across  the 
bow. 


PART    XXXVT. RILKS    TO    PREVENT    COLLISIONS.  339 

Rule  four.  Steum-vessels,  wlieu  towiiifjf  other  vessels, 
shall  curry  two  bright  white  mast-head  lij^hts  vertically, 
iu  addition  to  their  side  lip:hts,  so  as  to  distiiiuuisli  thcni 
from  other  steam-vessels.  l']ach  of  these  mast  iicad  lights 
shall  be  of  the  same  chara(;ter  aud  construction  as  the 
inast-head  lights  i)rescribe<l  by  IJnle  three. 

llule  live.  All  steam-vessels,  other  than  ocean-going 
steamers  and  steamers  cari-ying  sail,  shall,  when  under  way, 
carry  on  the  starboard  and  port  side  lights  of  the  same 
character  and  construction  and  in  the  same  i)osition  as  are 
prescribed  for  side  lights  by  Kule  three,  except  in  tiie  case 
provided  in  Rule  six. 

Kule  six.  liiver-steamers  navigating  waters  tlowing  into 
the  Gulf  of  Mexico,  and  their  tributaries,  shall  carry  the 
following  lights,  namely:  One  red  light  on  the  outboard 
side  of  the  port  smoke-pipe,  and  one  green  light  on  the  out- 
board side  of  the  starboard  smoke-i)ipe.  Such  lights  shall 
show  both  forward  and  abeam  on  their  respective  sides. 

Rule  seven.  All  coasting  steam-vessels,  and  steam-ves- 
sels other  than  ferry-boats  and  vessels  otherwise  expressly 
l)rovided  for,  navigating  the  bays,  lakes,  rivers,  or  other 
inland  waters  of  the  United  States,  except  those  mentioned 
in  Rule  six,  shall  carry  the  red  and  green  lights,  as  pre- 
scribed for  ocean-going  steamers;  and,  in  addition  thereto, 
a  central  range  of  two  white  lights;  the  after-light  being 
carried  at  an  elevation  of  at  least  fifteen  feet  above  the 
light  at  the  head  of  the  vessel.  The  head  light  sliall  be  so 
constructed  as  to  show  a  good  light  through  twenty  points 
of  the  compass,  namely:  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side  of  the  vessel;  and  the  after- 
light so  as  to  show  all  around  the  horizon.  The  lights  for 
ferry-boats,  barges  and  canal  boats  when  in  tow  of  steam  Mar.3,  i893. 
vessels  shall  be  regulated  by  such  rules  as  the  board  of 
supervising  inspectors  of  steam-vessels  shall  prescribe. 

Rule  eight.  Sail- vessels,  under  way  or  being  towed,  shall    Ks.,4233. 
carry  the  same  lights  as  steam  vessels  under  way,  with  the 
exception  of  the  white  mast-head  lights,  which  they  shall 
never  carry. 

Rule  nine.  Whenever,  as  in  case  of  small  vessels  during 
bad  weather,  the  green  and  red  lights  cannot  be  fixed, 
these  lights  shall  be  kept  on  deck,  on  their  respective  sides 
of  the  vessel,  ready  for  instant  exhibition,  and  shall,  on  the 
approach  of  or  to  other  vessels,  be  exhibited  on  their  respec- 
tive sides  in  sullicient  time  to  prevent  collision,  in  such 
manner  as  to  make  them  most  visible,  and  so  that  the  green 
light  shall  not  be  seen  on  the  port  side,  nor  the  red  light 
on  the  starboard  side.  To  make  the  use  of  these  portable 
lights  more  certain  and  easy,  they  shall  each  be  painted 
outside  with  the  color  of  the  light  they  respectively  con- 
tain, and  shall  be  provided  with  suitable  screens. 

Rule  ten.  All  vessels,  whether  steam-vessels  or  sail-ves- 
sels,when  at  anchor  in  roadsteads  or  fairways,  shall,  between 
sunset  and  sunrise,  exhibit  Miiere  it  can  best  be  seen,  but 
at  a  height  not  exceeding  twenty  feet  above  the  hull,  a 
white  light  in  a  globular  lantern  of  eight  inches  in  diame- 
ter, aud  so  constructed  as  to  show  a  clear,  uniform,  and 


340     PART  XXXVI. RULES  TO  PREVENT  COLLISIONS. 

unbroken  light,  visible  all  around  the  horizon,  and  at  a 
distance  of  at  least  one  mile. 

Eule  eleven.  Sailing  pilot-vessels  shall  not  carry  the 
lights  required  for  other  sailing-vessels,  but  shall  carry  a 
white  light  at  the  mast-head,  visible  all  around  the  horizon, 
and  shall  also  exhibit  a  flare-up  light  every  fifteen  minutes. 

K.  s.,  4233.  Steam  pilot  boats  shall,  in  addition  to  the  mast  head  light 

Mar.  3, 1897.     aud  grecu  and  red  side  lights  required  for  ocean  steam  ves- 
sec. 5.  ggjg^  carry  a  red  light  hung  vertically  from  three  to  five  feet 

above  the  foremast  headlight,  for  the  ])urpose  of  distinguish- 
ing such  steam  pilot  boats  from  other  steam  vessels. 

Kale  twelve.  Coal-boats,  trading-boats,  produce-boats, 
canal-boats,  oyster-boats,  fishing-boats,  rafts,  or  other  water- 
craft,  navigating  any  bay,  harbor,  or  river,  by  hand-power, 
horse  power,  sail,  or  by  the  current  of  the  river,  or  which 
shall  be  anchored  or  moored  in  or  near  the  channel  or  fair- 
way of  any  bay,  harbor,  or  river,  shall  carry  one  or  more 
good  white  lights,  which  shall  be  placed  in  such  manner  as 
shall  be  prescribed  by  the  board  of  supervising  inspectors 
June  19,1886.  of  stcaui-vessels  [but  this  rule  shall  be  so  construed  as  not 
Feb.  8, 1895.  to  rccjuire  row  boats  and  skiffs  on  the  river  St.  Lawrence 
to  carry  lights.] 

E.  s.,4233.  Rule  thirteen.  Open  boats  shall  not  be  required  to  carry 

the  side-lights  required  for  other  vessels,  but  shall,  if  they 
do  not  carry  such  lights,  carry  a  lantern  having  a  green 
slide  on  one  side  and  a  red  slide  on  the  other  side;  and,  on 
the  approach  of  or  to  other  vessels,  such  lantern  shall  be 
exhibited  in  sufticient  time  to  prevent  collision,  and  in  such 
a  manner  that  the  green  light  shall  not  be  seen  on  the  port 
side,  nor  the  red  light  on  the  starboard  side.  Open  boats, 
when  at  anchor  or  stationary,  shall  exhibit  a  bright  white 
light.  They  shall  not,  however,  be  prevented  from  using 
a  flare-up,  in  addition,  if  considered  expedient. 

K. s.,4233.  Rule  14.  The  exhibition  of  any  light  on  board  of  a  ves- 

Mar.3,1897.  ggj  ^f  ^^^  ^f  ^^q  United  States  may  be  suspended  when- 
ever, in  the  opinion  of  the  Secretary  of  the  Navy,  the  com- 
mander in  chief  of  a  squadron,  or  the  commander  of  a  vessel 
acting  singly, the  special characteroftheservicemay  require 
it.  The  exhibition  of  any  light  on  board  of  a  revenue  cutter 
of  the  United  States  may  be  suspended  whenever,  in  the 
opinion  of  the  commander  of  the  vessel,  the  special  character 
of  the  service  may  require  it. 

?;^".^",ll.  'Rule  15.  Whenever  there  is  a  fog,  or  thick  weather, 

whether  by  day  or  night,  fog  signals  shall  be  used  as  follows : 

(a)  Steam  vessels  under  way  shall  sound  a  steam  whistle 
placed  before  the  fannel,  not  less  than  eight  feet  from  the 
deck,  at  intervals  of  not  more  than  one  minute.     Steam  ves 
sels,  when  towing,  shall  sound  three  blasts  of  quick  succes- 
sion repeated  at  intervals  of  not  more  than  one  minute. 

(b)  Sail  vessels  under  way  shall  sound  a  fog  horn  at  inter- 
vals of  not  more  than  one  minute,  (c)  Steam  vessels  and 
sail  vessels,  when  not  under  way,  shall  sound  a  bell  at 
intervals  of  not  more  than  two  minutes. 


Sec.  12. 


Mar.  3, 189 
Sec.  12. 


R.S.,4233. 

ilar.3,  1897. 

Sec. 12. 

K.S.,4233. 

Mar.  3, 1897. 

Sec.  12. 

PART  XXXVI. RULES  TO  PREVENT  COLLISIONS.     341 

(D)  CoaI-boats,trading-boiits,pro(liice-l)o;its, canal-boats, 
oyster-boats,  li.sliinji-boats,  rafts,  or  other  water-craft,  navi- 
gating' any  bay,  liarbor,  or  river,  by  hand  power,  horse- 
power, sail,  or  by  the  cnrrent  of  the  river,  or  anchored 
or  moored  in  or  near  the  channel  or  fairway  of  any  l)ay, 
harbor,  or  river,  and  not  in  any  \)ort,  shall  sound  a  fog-horn, 
or  equivalent  signal,  which  shall  make  a  sound  equal  to  a 
steara-whistle,  at  intervals  of  not  more  than  two  minutes. 

STEERING   AND   SAILING   RULES. 

Rule  sixteen.  Risk  of  collision  can,  when  circumstances 
permit,  be  ascertained  by  carefully  watching  the  compass 
bearing  of  an  approaching  vessel.  If  the  bearing  does  not 
api)reciably  (thange  such  risk  should  be  deemed  to  exist. 

Rule  seventeen.  When  two  sailing  vessels  are  api)roach- 
ing  one  another,  so  as  to  involve  risk  of  collision, one  of  them 
shall  keep  out  of  the  way  of  the  other,  as  follows,  namely: 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close-hauled  on  the 
starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  different 
sides,  the  vessel  Avhich  has  the  wind  on  the  port  side  shall 
keep  out  of  the  way  of  the  other. 

(d)  When  both  vessels  are  running  free,  with  the  wind  on 
the  same  side,  the  vessel  which  is  to  the  windward  shall 
keep  out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the 
way  of  the  other  vessel. 

Rnle  eighteen.  If  two  vessels  under  steam  are  meeting 
end  on,  or  nearly  end  on,  so  as  to  involve  risk  of  collision, 
the  helms  of  both  sliall  be  put  to  port,  so  that  each  may 
pass  on  the  i)ort  side  of  the  other. 

Rule  nineteen.  If  two  vessels  under  steam  are  crossing 
so  as  to  involve  risk  of  collision,  the  vessel  which  has  the 
other  on  her  own  starboard  side  shall  keep  out  of  the  way 
of  the  other. 

Rule  twent}'.  If  two  vessels,  one  of  which  is  a  sail-vessel 
and  the  other  a  steam-vessel,  are  proceeding  in  such  direc- 
tions as  to  involve  risk  of  collision,  the  steam-vessel  shall 
J^eep  out  of  the  way  of  the  sail-vessel. 

Rule  twenty-one.  Every  steam-vessel,  when  approaching 
another  vessel,  so  as  to  involve  risk  of  collision,  shall 
slacken  her  speed,  or,  if  necessary,  stop  and  reverse;  and 
every  steam-vessel  shall,  when  in  a  fog,  go  at  a  moderate 
s])eed. 

Rule  twenty  two.  Every  vessel  overtaking  any  other  ves- 
sel shall  keep  out  of  the  way  of  the  last-mentioned  vessel. 

Rule  twenty-three.  Where,  by  Rules  seventeen,  nineteen, 
twenty,  and  twenty-two,  one  of  two  vessels  shall  keep  out 
of  the  way,  the  other  shall  keej)  her  course,  subject  to  the 
qualitications  of  Rule  tweuty-fonr. 

Ivule  twenty-four.  In  construing  and  obeying  these  rules, 
due  regard  must  be  had  to  all  dangers  of  navigation,  and 


342  PART    XXXVI. RULES    TO    PREVENT    COLLISIONS. 

to  any  special  circumstances  which  may  exist  in  any  par- 
ticular case  rendering  a  departure  from  them  necessary  in 
order  to  avoid  immediate  danger. 

E.s.,4233.  Rule  twenty-five.  A  sail  vessel  which  is  being  overtaken 

Mar.  3, 1897.      \yj  another  vessel  during  the  night  shall  show  from  her  stern 
Sec.  13.  ^Q  such  last-mentioned  vessel  a  torcli  or  a  Hare-up  light. 

Eule  twenty-six.  Nothing  in  these  rules  shall  exonerate 
any  ship,  or  the  owner,  or  master,  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 
any  precaution  which  may  be  required  by  the  ordinary 
practice  of  seamen  or  by  the  special  circumstances  of  the 
case. 

R.  s.,  4412.  [The  board  of  supervising  inspectors  shall  establish  such 

Aug.  19, 1890.    regulations  to  be  observed  by  all  steam-vessels  in  passing 

juneVi897      G'^ch  othcr,  as  they  shall  from  time  to  time  deem  necessary 

Sec. 5.       '      for  safety;  two  printed  copies  of  such  regulations,  signed 

by  them,  shall  be  furnished  to  each  of  such  vessels,  and 

shall  at  all  times  be  kept  posted  up  in  conspicuous  places 

in  such  vessels.] 

R.s.,4413.  [Every  i)ilot,  engineer,  mate,  or  master  of  any  steam- 

june  7, 1897.    vcsscl  who  ucglccts  or  willfully  refuses  to  observe  the  regu- 
sec.5.  lations  established  in  pursuance  of  the  preceding  section, 

shall  be  liable  to  a  i)enalty  of  fifty  dollars,  and  for  all  dam- 
ages sustained  by  any  passenger,  in  his  person  or  baggage, 
by  such  neglect  or  refusal.] 

352.  R/'yer  navigation. 

R.s.,4487.  On  any  steamers  navigating  rivers  only,   when,   from 

darkness,  fog,  or  other  cause,  the  jiilot  or  watcli  shall  be  of 
opinion  that  the  navigation  is  unsafe,  or,  from  accident  to 
or  derangement  of  the  machinery  of  the  boat,  the  chief 
engineer  shall  be  of  the  opinion  that  the  further  navigation 
of  the  vessel  is  unsafe,  the  vessel  shall  be  brought  to 
anchor,  or  moored  as  soon  as  it  can  prudently  be  done: 
Provided,  That  if  the  person  in  command  shall,  after  being 
so  admonished  by  either  of  such  officers,  elect  to  pursue 
such  voyage,  he  may  do  the  same;  but  in  such  case  both 
he  and  the  owners  of  such  steamer  shall  be  answerable  for 
all  damages  which  shall  arise  to  the  i)erson  of  any  passen- 
ger, or  his  baggage,  from  such  causes  in  so  pursuing  the 
voyage,  and  no  degree  of  care  or  diligence  shall  in  such 
case  be  held  to  justify  or  excuse  the  i)erson  in  command, 
or  the  owners. 

353.  Rules  for  the  St.  Marys  River. 

Mar.6,i89fi.  The  Secretary  of  the  Treasury  hereby  is  authorized  and 
directed  to  ado  I  )t  and  prescribe  suitable  rules  and  regulations 
governing  the  movements  and  anchorage  of  vessels  and  rafts 
in  Saint  Marys  River,  from  Point  Iroquois,  on  Lake  Supe- 
rior, to  Point  Detour,  on  Lake  Huron,  and  for  the  purpose  of 
enforcing  the  observance  of  such  regulations  the  said  Sec- 
retary is  hereby  authorized  to  detail  one  or  more  revenue 
cutters  for  duty  on  said  river. 


PART    XXXVI. — RULES    TO    PREVENT    COLLISIONS.  343 

All  officers  of  the  Revenue  Cutter  Service  who  are  directed  see  2. 
to  enforce  the  regulations  prescribed  by  the  above  rules  are 
hereby  ouipowered  and  directed,  in  case  of  necessity,  or  uhen 
a  proper  notice  has  been  disregarded,  to  use  the  force  at 
their  command  to  remove  from  channels  or  stop  any  vessel 
found  violating  the  prescribed  rules. 

In  tlie  event  of  the  violation  of  any  such  regulations  or  scc.3. 
rules  of  the  Secretary  of  the  Treasury  by  the  owners,  master, 
or  person  in  charge  of  such  vessel,  such  owners,  master,  or 
person  in  charge  shall  be  liable  to  a  i)enalty  of  two  hundred 
dollars,  and  the  vessel,  its  tackle,  apparel,  furniture,  and 
cargo,  at  any  time  used  or  employe<l  in  violation  of  such 
regulations,  shall  be  forfeited  to  the  United  States:  Pro- 
vided, That  the  Secretary  of  the  Treasury  may  remit  said 
fineor  release  said  vessel  on  such  terms  as  he  may  i)rescribe: 
Provided  also,  That  nothing  in  this  Act  sliall  be  construed 
to  amend  or  repeal  the  Act  entitled  ''An  Act  to  regulate 
navigation  on  the  Great  Lakes  and  connecting  tributary 
waters  as  far  east  as  Montreal." 

354.  Special  rules  for  regattas. 

In  order  to  provide  for  the  safety  of  passengers  on  excur-  May  19,  isoe. 
sion  steamers,  yachts,  oarsmen  and  all  craft,  whether  as 
observers  or  participants,  taking  part  in  regattas,  amateur 
or  professional,  that  may  hereafter  be  held  on  navigable 
waters,  the  Secretary  of  the  Treasury  be,  and  he  is  hereby, 
authorized  and  empowered  in  his  discretion  to  detail  revenue 
cutters  to  enforce  such  rules  and  regulations  as  may  be 
adopted  to  insure  the  safety  of  i)assengers  on  said  excursion 
steamers,  yachts,  oarsmen  and  all  craft,  whether  as  observ- 
ers or  participants,  taking  part  in  such  regattas. 


Part  XXXVII.— AIDS  TO  NAVIGATION. 


355.  Assistance  by  United  States  vessels. 

356.  Removal  of  derelicts. 

357.  Lights  and  buoys. 

358.  Nautical  Almanac. 


359.  Charts  and  manuals. 

360.  Storm  and  weather  signals. 

361.  Meridians. 


355.  Assistance  by  United  States  yesse/s. 

K.s.,2759.  The  revenue-cutters  on  the  northern  and  northwestern 

lakes,  wlien  put  in  commission,  shall  be  specially  charged 
with  aiding  vessels  in  distress  on  the  lakes. 

K.S.,  153G.  The  President  may,  when  the  necessities  of  the  service 

permit  it,  cause  any  suitable  number  of  public  vessels 
adapted  to  the  purpose  to  cruise  upon  the  coast  in  the  sea- 
son of  severe  weather  and  to  afford  such  aid  to  distressed 
navigators  as  their  circumstances  may  require;  and  such 
public  vessels  shall  go  to  sea  fully  prepared  to  render  such 
assistance. 


Oct.  31, 1893. 


E.  S.,  4676. 


R.  S.,  4677. 


R.  S.,  4678. 


344 


356.  Removal  of  derelicts. 

The  President  of  the  United  States  is  hereby  authorized 
to  make  with  the  several  governments  interested  in  the 
navigation  of  the  North  Atlantic  Ocean  an  international 
agreement  providing  for  the  reporting,  marking,  and  re- 
moval of  dangerous  wrecks,  derelicts,  and  other  menaces 
to  navigation  in  the  North  Atlantic  Ocean  outside  the  coast 
waters  of  the  respective  countries  bordering  thereon. 

357.  Lights  and  buoys. 

The  Light-House  Board  may,  when  they  deem  it  neces- 
sary, place  a  light-vessel,  or  other  suitable  warning  of 
danger,  on  or  over  any  wreck  or  temporary  obstruction  to 
the  entrance  of  any  harbor,  or  in  the  channel  or  fairway  of 
any  bay  or  sound. 

The  Light-House  Board  shall  properly  mark  all  pier- 
heads belonging  to  the  United  States  situated  on  the 
northern  and  northwestern  lakes,  whenever  the  board  is 
duly  notified  by  the  department  charged  with  the  construc- 
tion or  repair  of  j^ier-heads  that  the  construction  or  repair 
of  any  such  pier-heads  has  been  completed. 

All  buoys  along  the  coast,  or  in  bays,  harbors,  sounds, 
or  channels,  shall  be  colored  and  numbered,  so  that  pass- 
ing up  the  coast  or  sound,  or  entering  the  bay,  harbor,  or 
channel,  red  buoys  with  even  numbers  shall  be  j)assed  on 


PART    XXXVII. AIDS    TO    NAVKiATION.  345 

the  starboard  liaucl,  black  buoys  with  uneven  numbers  on 
the  port  hand,  and  bnoys  witli  red  and  black  strij)es  on 
either  hand,  l^uoys  in  channel-ways  shall  be  colored  with 
alternate  white  and  black  perpendicular  stripes, 

358.  Nautical  Almanac. 

There  shall  be  printed  annually  at  the  Government  Feb.ii.isso. 
Printing  Office  fifteen  hundred  copies  of  the  American 
Ephemeris  and  ISTautical  Almanac  and  of  the  papers  sup- 
plementary thereto,  of  which  one  hundred  shall  be  for  the 
use  of  the  Senate,  four  hundred  for  the  House  of  Kepre- 
sentatives,  and  one  thousand  for  the  public  service,  to  be 
distributed  by  the  Navy  Department  Additional  copies 
of  the  Ephemeris  and  of  the  ISIautical  Almanac  extracted 
therefrom  may  be  ordered  by  the  Secretary  of  the  Ii^avy 
for  sale. 

359.  Charts  and  manuals. 

There  shall  be  a  Hydrographic  office  attached  to  the  r.s.,43i. 
Bureau  of  Navigation  in  the  Navy  Department,  for  the 
im])rovement  of  the  means  for  navigating  safely  the  vessels 
of  the  Navy  and  of  the  mercantile  marine,  by  providing, 
under  the  authority  of  the  Secretary  of  the  Navy,  acciiiate 
and  cheap  nautical  charts,  sailing  directions,  navigators, 
and  manuals  of  instructions  for  the  use  of  all  vessels  of 
the  United  States,  and  for  the  benefit  and  use  of  navigators 
generally. 

The  Secretary  of  the  Navy  is  authorized  to  cause  to  be  R.s.,432. 
prepared,  at  the  Hydrographic  Oflice  attached  to  the  Bu- 
reau of  Navigation  in  the  Navy  Department,  maps,  charts, 
and  nautical  books  relating  to  and  required  in  navigation, 
and  to  publish  and  furnish  them  to  navigators  at  the  cost 
of  jirinting  and  i^aper,  and  to  purchase  the  ])lates  and  copy- 
rights of  such  existing  maps,  charts,  navigators,  sailing 
directions  and  instructions,  as  he  may  consider  necessary, 
and  when  he  may  consider  it  expedient  to  do  so,  and  under 
such  regulations  and  instructions  as  he  may  prescribe. 

The  charts  published  by  the  Coast  Survey  shall  be  sold  R.s.,469i. 
at  the  office  at  Washington  at  the  price  of  the  printing  and  '^""*'  ~^'  ^^''^■ 
paper  thereof,  and  elsewhere  at  the  same  price  with  the 
average  cost  of  delivery  added  thereto;  and  hereafter  there 
shall  be  no  free  distribution  of  such  charts  except  to  the 
departments  of  the  United  States  and  to  the  several  States 
and  officers  of  the  United  States  re<i[uiring  them  for  i)ublic 
use. 

Senators,  Eepresentatives  and  Delegates  to  the  House  of   Mar.  3,  i87o. 
Representatives  shall  each  be  entitled  to  not  more  than 
ten  charts  published  by  the  Coast  Survey  for  each  regular 
session  of  Congress. 

360.  Storm  and  weather  signals. 

The  Chief  of  the  Weatlier  Bureau,  under  the  direction    0ct.i,i89o. 
of  the  Secretary  of  Agriculture,  on  and  after  July  first,    ^'"^•^• 
eighteen  hundred  and  ninety-one,  shall  have  charge  of  the 


346     '  PART    XXXYII. AIDS    TO    NAVIGATION. 

forecasting-  of  weather,  the  issue  of  storm  warnings,  the 
display  of  -weather  and  flood  signals  for  the  benefit  of  agri- 
culture, commerce,  and  navigation,  the  gauging  and  report- 
ing of  rivers,  the  maintenance  and  operation  of  seacoast 
telegraph  lines  and  the  collection  and  transmission  of 
marine  intelligence  for  the  benefit  of  commerce  and  navi- 
gation, the  reporting  of  temperature  and  rain  fall  condi- 
tions for  the  cotton  interests,  the  display  of  frost  and  cold- 
wave  signals,  the  distribution  of  meteorological  information 
in  the  interests  of  agriculture  and  commerce,  and  the  tak- 
ing of  such  meteorological  observations  as  may  be  neces- 
sary to  establish  and  record  the  climatic  conditions  of  the 
United  States,  or  as  are  essential  for  the  proper  execution 
of  the  foregoing  duties. 

361.  Meridians. 

R.  s.  435.  The  meridian  of  the  Observatory  at  Washington  shall  be 

adopted  and  used  as  the  American  meridian  for  all  astro- 
nomical jjurposes,  and  the  meridian  of  Greenwich  shall  be 
adopted  for  all  nautical  purposes. 


Part  XXXVIIL— OBSTKUCTIONS   TO    NAVIGATION. 


362.  Bridges,  (lams,  dikes. 

363.  General  obstiiictious. 

364.  Harbor  lines. 
365    Penalties. 

366.  Dumping  into  navigable  waters. 
367    Impairing  public  works. 
368.  Obstructiu}?  cLauuels. 


369.  Penaltie.s. 

370.  Bridge  spans. 

371.  Bridge,  piers  and  abutments. 

372.  Drawbridges. 

373.  Sunken  wrecks. 

374.  Navigation  of  canals. 

375.  Potomac  liiver. 


362.  Bridges,  dams,  dikes. 

It  shall  uot  be  lawful  to  eou.struct  or  commeuce  the  con- 
struction of  any  bridge,  dam,  dike,  or  causeway  over  or 
in  any  port,  roadstead,  haven,  harbor,  canal,  navigable 
river,  or  other  navigable  water  of  the  United  States  until 
the  consent  of  Congress  to  the  building  of  such  structures 
shall  have  been  obtained  and  until  the  plans  for  the  .same 
shall  have  been  submitted  to  and  approved  by  the  Chief  of 
Engineers  and  by  the  Secretary  of  War:  Provided,  That 
such  structures  may  be  built  under  authority  of  the  legis- 
lature of  a  State  across  rivers  and  other  waterways  the 
navigable  portions  of  which  lie  wholly  Avithin  the  limits  of 
a  single  State,  provided  the  location  and  plans  thereof  are 
submitted  to  and  approved  by  the  Chief  of  Engineers  and 
by  the  Secretary  of  War  before  construction  is  commenced  : 
And  provided  further,,  That  when  plans  for  any  bridge  or 
other  structure  have  been  approved  by  the  Chief  of  Engi- 
neers and  by  the  Secretary  of  War,  it  shall  not  be  lawful 
to  deviate  from  such  plans  either  before  or  alter  completion 
of  the  structure  unless  the  modification  of  said  plans  has 
previously  been  submitted  to  and  received  the  approval  of 
the  Chief  of  Engineers  and  of  the  Secretary  of  War. 


Mar.  3, 1899. 
Sec.  9. 


363.  General  obstructions. 

The  creation  of  any  obstruction  not  affirmatively  author- 
ized by  Congress,  to  the  navigable  capacity  of  any  of  the 
waters  of  the  United  States  is  herebj^  prohibited;  and  it 
shall  not  be  lawful  to  build  or  commence  the  building  of 
any  wharf,  pier,  ilolphin,  boom,  weir,  breakwater,  bulk- 
head, jetty,  or  other  structures  in  any  ])ort,  roadstead, 
haven,  harbor,  canal,  navigable  river,  or  other  water  of  the 
United  States,  outside  established  harbor  lines,  or  where 
no  liarbor  lines  have  been  established,  except  on  plans 
recommended  by  the  Chief  of  Engineers  and  authorized 
by  the  Secretary  of  War;  and  it  shall  not  be  lawful  to 
excavate  or  fill,  or  in  any  manner  to  alter  or  modify  the 
course,  location,  condition,  or  capacity  of,  any  i)ort,  road- 


Mar.  3, 1899. 
Sec.  10. 
Sept.  19, 1890. 
Sec.  10. 
Juno  13, 1892. 
Sec.  7. 


347 


348  PART    XXXVIII. OBSTRUCTIONS    TO    NAVIGATION. 

stead,  baven,  harbor,  caual,  lake,  barbor  of  refuge,  or 
inclosure  within  the  bniits  of  any  breakwater,  or  of  the 
cbaunel  of  any  navigable  water  of  the  United  States,  unless 
the  work  has  been  reconiniended  by  the  Chief  of  Engineers 
and  authorized  by  the  Secretary  of  War  prior  to  beginning 
the  same. 

364.  Harbor  lines. 

Mar. 3, 1899.  Where  it  is  made  manifest  to  the  Secretary  of  War  that 
sec.ii.  the  establishment  of  harbor  lines  is  essential  to  the  pres- 

Aug.  11,1888.  ervation  and  protection  of  harbors  he  may,  and  is  hereby, 
Au^^iT  1894  authorized  to  cause  such  lines  to  be  established,  beyond 
Secro.  which  no  piers,  wharves,  bulkheads,  or  other  works  shall 

be  extended  or  deposits  made,  except  under  such  regu- 
lations as  may  be  prescribed  from  time  to  time  by  him : 
Provided,,  That  whenever  the  Secretary  of  War  grants  to 
any  person  or  persons  iiermission  to  extend  piers,  wharves, 
bulkheads,  or  other  works,  or  to  make  deposits  in  any  tidal 
harbor  or  river  of  the  United  States  beyond  any  harbor 
lines  established  undei  authority  of  the  United  States,  he 
shall  cause  to  be  ascertained  the  amount  of  tide  water  dis- 
placed by  any  such  structure  or  by  any  such  deposits,  and 
he  shall,  if  he  deem  it  necessary,  require  the  parties  to 
whom  the  permission  is  given  to  make  compensation  for 
such  displacement  either  by  excavating  in  some  part  of  the 
harbor,  including  tide- water  channels  between  high  and 
low  water  mark,  to  such  an  extent  as  to  create  a  basin  for 
as  much  tide  water  as  may  be  displaced  by  such  structure 
or  by  such  deposits,  or  in  any  other  mode  that  may  be  sat- 
isfactory to  him.  Provided,  That  all  such  dredging  or  other 
improvement  shall  be  carried  on  under  the  direction  of  the 
Secretary  of  War,  and  shall  in  no  wise  injure  any  existing 
channels. 

365.  Penalties. 

Mar.  3, 1899.  Evcry  pcrsou  and  every  corporation  that  shall  violate 
-  Sec.  12.  any  of  the  provisions  of  sections  nine,  ten,  and  eleven  of 

860*10^'^^'*'*  this  Act,  or  any  rule  or  regulation  made  by  the  Secretary 
of  War  in  pursuance  of  the  provisions  of  the  said  section 
fourteen,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing twenty-five  hundred  dollars  nor  less  than  five  hundred 
dollars,  or  by  imprisonment  (in  the  case  of  a  natural  person) 
not  exceeding  one  year,  or  by  both  such  punishments,  in 
the  discretion  of  the  court.  And  further,  the  removal  of 
any  structures  or  parts  of  structures  erected  iu  violation  of 
the  provisions  of  the  said  sections  may  be  enforced  by  the 
injunction  of  any  circuit  court  exercising  jurisdiction  in 
any  district  in  which  such  structures  may  exist,  and  proper 
proceedings  to  this  end  may  be  instituted  under  the  direc- 
tion of  the  Attorney-General  of  the  United  States.  The 
continuance  of  any  such  obstruction,  excei)t  bridges,  piers, 
docks  and  wharves,  and  similar  structures  erected  for  busi- 
ness purposes,  whether  heretofore  or  hereafter  created,  shall 
constitute  an  offense  ai;d  each  week's  continuance  of  any 
such  obstruction  shall  be  deemed  a  separate  offense. 


PART    XXXVIII. — OBSTRUCTIONS    TO    NAVIGATION.  349 

366.  Dumping  into  navigable  waters. 

It  shall  not  be  lawful  to  throw,  discharge,  or  (l('])08it,  Mar. a, isoo. 
or  cause,  suffer,  or  j)rocnre  to  be  thrown,  (lischarj;e(l,  or  sec.  13. 
dei)ositecl  either  from  or  out  of  any  ship,  barj^e,  or  other  Sept.  19, isoo. 
lh)atiiifi"  cratt  of  any  kind,  or  from  the  shore,  whail",  manu-  Soc.o. ^ 
facturinj;-  establishment,  or  mill  of  any  kind,  any  refuse  ^^"e-i''"*^*- 
matter  of  any  kind  or  description  whatever  other  than  that 
flowing  from  streets  and  sewers  and  passing  therefrom  in  a 
liquid  state,  intt)  any  navigable  water  of  the  United  States, 
or  into  any  tributary  of  any  navigable  water  from  which 
the  same  shall  float  or  be  washed  into  such  navigable  water; 
and  it  shall  not  be  lawful  to  deposit,  or  cause,  suffer,  or 
procure  to  be  deposited  material  of  any  kind  in  any  i)lace 
on  the  bank  of  any  navigable  water,  or  on  the  bank  of  any 
tributary  of  any  navigable  water,  where  the  same  shall  be 
liable  to  be  washed  into  such  navigable  water,  either  by 
ordinary  or  high  tides,  or  by  storms  or  floods,  or  otherwise, 
whereby  navigation  shall  or  may  be  impeded  or  obstructed : 
Provided,  That  nothing  herein  contained  shall  extend  to, 
apply  to,  or  prohibit  the  oi)erations  in  connection  with  the 
improvement  of  navigable  waters  or  construction  of  ])ul)lic 
works,  considered  necessary  and  proper  by  the  ITnited 
States  officers  supervising  such  improvement  or  public 
work:  And  provided  further,  That  the  Secretary  of  War, 
whenever  in  the  iudgment  of  the  Chief  of  Engineers 
anchorage  and  navigation  Avill  not  be  injured  thereby,  may 
permit  the  deposit  of  any  material  above  mentioned  in 
navigable  waters,  within  limits  to  be  defined  and  under 
conditions  to  be  prescribed  by  him,  provided  application  is 
made  to  him  prior  to  depositing  such  material;  and  when- 
ever any  permit  is  so  granted  the  conditions  thereof  shall 
be  strictly  complied  with,  and  any  violation  thereof  shall 
be  unlawful. 

367.  Impairing  public  works. 

It  shall  not  be  lawful  for  any  person  or  persons  to  take    Mar. 3,1899. 
possession  of  or  make  use  of  for  any  purpose,  or  build    ^'^•'^*- 
upon,  alter,  deface,    destroy,   move,  injure,   obstruct   by    g^^g  '^^'^"* 
fastening  vessels  thereto  or  otherwise,  or  in  any  manner    Aug.i7,i894. 
whatever  impair  the  usefulness  of  any  sea  wall,  bulkhead,    Sec.e. 
jetty,  dike,  levee,  wharf,  i)ier,  or  other  work  built  by  the 
United  States,  or  any  piece  of  plant,  tloating  or  otherwise, 
used  in  the  construction  of  such  work  under  the  control  of 
the  United  States,  in  whole  or  in  part,  for  the  ])reservation 
and  improvement  of  any  of  its  navigable  waters  or  to  ])re- 
veut  floods,  or  as  boundary  marks,  tide  gauges,  surveying 
stations,  buoys,  or  other  established  marks,  nor  remove  for 
ballast  or  other  ])urposes  any  stone  or  other  material  com- 
posing such  works:  Provided,  That  the  Secretary  of  War 
may,  on  the  recommendation  of  the  Chief  of  Engineers, 
grant  permission  for  the  temporary  occupation  or  use  of 
any  of  the  aforementioned  public  works  when  in  his  judg- 
ment such  occupation  or  use  will  not  be  injurious  to  the 
l)ublic  interest. 


350  FART   XXXVIII. — OBSTRUCTIONS    TO    NAVIGATION. 

368.  Obstructing  channels. 

Mar.  3, 1899.        It  sliiiU  iiot  be  lawful  to  tie  up  or  anchor  vessels  or 
Sec.  15.  other  craft  in  navigable  channels  in  such  a  manner  as  to 

prevent  or  obstruct  the  pa.ssage  of  other  vessels  or  craft; 
or  to  voluntarily  or  carelessly  sink,  or  permit  or  cause  to 
be  sunk,  vessels  or  other  craft  in  navigable  channels;  or 
to  float  loose  timber  and  logs,  or  to  float  what  is  known  as 
sack  rafts  of  timber  and  logs  in  streams  or  channels 
actually  navigated  by  steamboats  in  such  manner  as  to 
obstruct,  impede,  or  endanger  navigation.  And  whenever 
a  vessel,  raft,  or  other  craft  is  wrecked  and  sunk  in  a 
navigable  channel,  accidentally  or  otherwise,  it  shall  be 
the  duty  of  the  owner  of  such  sunken  craft  to  immediately 
mark  it  with  a  buoy  or  beacon  during  the  day  and  a  lighted 
lantern  at  night,  and  to  maintain  such  marks  until  the 
sunken  craft  is  removed  or  abandoned,  and  the  neglect  or 
failure  of  the  said  owner  so  to  do  shall  be  unlawful;  and 
it  shall  be  the  duty  of  the  owner  of  such  sunken  craft  to 
commence  the  immediate  removal  of  tlie  same,  and  prose- 
cute such  removal  diligently,  and  failure  to  do  so  shall  be 
considered  as  an  abandonment  of  such  craft,  and  subject 
the  same  to  removal  by  the  United  States  as  hereinafter 
provided  for. 

369.  Penalties. 

Mar.  3, 1890.         Evcry  person   and   every  corporation    that    shall   vio- 
sec.16.  |.^^g^  Qj.  ^jjg^^  gjjgll  knowingly  aid,  abet,  authorize,  or  in- 

secf  7  M^s  stigate  a  violation  of  the  provisions  of  wsections  thirteen, 
fourteen,  and  fifteen  of  this  Act  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  twenty-five  hundred  dollars  nor  less 
than  five  hundred  dollars,  or  by  imprisonment  (in  the  case 
of  a  natural  person)  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court,  one-half  of  said  fine  to  be  paid 
to  the  person  or  persons  giving  information  which  shall 
lead  to  conviction.  And  any  and  every  master,  pilot,  and 
engineer,  or  person  or  persons  acting  in  such  capacity,  re- 
spectively, on  board  of  any  boat  or  vessel  who  shall  know- 
ingly engage  in  towing  any  scow,  boat,  or  vessel  loaded 
with  any  material  specified  in  section  thirteen  of  this  Act 
to  any  pointer  place  of  deposit  or  discharge  in  any  harbor 
or  navigable  water,  elsewhere  than  within  the  limits  defined 
and  permitted  by  the  Secretary  of  War,  or  who  shall  will- 
fully injure  or  destroy  any  work  of  the  United  States  con- 
tem|)lated  in  section  fourteen  of  this  Act,  or  who  shall 
willfully  obstruct  the  channel  of  any  waterway  in  the  man- 
ner contemplated  in  section  fifteen  of  this  Act,  shall  be 
deemed  guilty  of  a  violation  ot  this  Act,  and  shall  upon 
conviction  be  punished  as  hereinbefore  provided  in  this 
section,  and  shall  also  have  his  license  revoked  or  suspended 
for  a  term  to  be  fixed  by  the  judge  before  whom  tried  and 
convicted.  And  any  boat,  ^■essel,  scow,  raft,  or  other  craft 
used  or  employed  in  violating  any  of  the  provisions  of  sec- 
tions thirteen,  fourteen,  and  fifteen  of  this  Act  shall  be 
liable  for  the  pecuniary  penalties  specified  in  this  section. 


Si'c.  17 

Sept.  19, 1890. 

Sec.  11. 


PART   XXXVIII. OBSTRUCTIONS   TO    NAVIGATION.  351 

and  111  addition  thereto  for  the  amount  of  the  dauiaj^es 
done  by  said  boat,  vessel,  scow,  raft,  or  otlier  craft,  wliich 
latter  sum  shall  bo  placed  to  the  credit  of  the  ai)i)ioi»iia- 
tion  for  the  improvement  of  the  harbor  or  waterway  in 
which  the  damage  occurred,  and  said  boat,  vessel,  scow, 
raft,  or  other  craft  may  be  proceeded  against  summarily  by 
waj'  of  libel  in  any  district  court  of  the  United  States  hav- 
ing jurisdiction  thereof. 

The  Department  of  Justice  shall  conduct  the  legal  pro-  Mar.  3, 1899, 
ceedings  necessary  to  enforce  the  foregoing  jirovisions  of 
sections  nine  to  sixteen,  inclusive,  of  this  Act;  and  it  shall 
be  the  duty  of  district  attorneys  of  the  United  States  to 
vigorously  prosecute  all  otlenders  against  the  same  when- 
ever requested  to  do  so  by  the  Secretary  of  War  or  by  any 
of  the  officials  hereinafter  designated,  and  it  shall  further- 
more be  the  duty  of  said  district  attorneys  to  report  to  the 
Attorney  General  of  the  United  States  the  action  taken 
by  him  against  offenders  so  reported,  and  a  transcript  of 
such  reports  shall  be  transmitted  to  the  Secretary  of  War 
by  the  Attorney-General;  and  for  the  better  enforcement 
of  the  said  provisions  and  to  facilitate  the  detection  and 
bringing  to  punishment  of  such  offenders,  the  officers  and 
agents  of  the  United  States  in  charge  of  river  and  harbor 
improvements,  and  the  assistant  engineers  and  inspectors 
employed  under  them  by  authority  of  the  Secretary  of  War, 
and  the  United  States  collectors  of  customs  and  other 
revenue  officers,  shall  have  power  and  authority  to  swear 
out  process  and  to  arrest  and  take  into  custody,  with  or 
without  process,  any  person  or  persons  who  may  commit 
any  of  the  acts  or  offenses  prohibited  by  the  aforesaid  sec- 
tions of  this  Act,  or  who  may  violate  any  of  the  provisions 
of  the  same:  Provided,  That  no  person  shall  be  arrested 
without  process  for  any  offense  not  committed  in  the  pres- 
ence of  some  one  of  the  aforesaid  officials:  And  ])rovided 
further,  That  whenever  any  arrest  is  made  under  the  pro- 
visions of  this  Act,  the  person  so  arrested  shall  be  brought 
forthwith  before  a  commissioner,  judge,  or  court  of  the 
United  States  for  examination  of  the  offenses  alleged 
against  him;  and  such  commissioner,  judge,  or  court  shall 
proceed  in  respect  thereto  as  authorized  by  law  in  case  of 
crimes  against  the  United  States. 

370.  Bridge  spans. 

Whenever  the  Secretary  of  War  shall  have  good  rea-  ^rar.;i,i899 
son  to  believe  that  any  railroad  or  other  bridge  now  con-  ^*^'''^- 
structed,  or  which  may  hereafter  be  constructed,  over  any 
of  the  navigable  ^vaterways  of  the  United  States  is  an 
unreasonable  obstruction  to  the  I'ree  navigation  of  such 
waters  on  account  of  insufficient  height,  width  of  span,  or 
otherwise,  or  where  there  is  difficulty  in  ])assing  the  draw 
opening  or  the  draw  span  of  such  bridge  by  rafts,  steam- 
boats, or  other  water  craft,  it  shall  be  the  duty  of  the  said 
Secretary,  lirst  giving  the  parties  reasonable  opportunity 
to  be  heard,  to  give  notice  to  the  persons  or  (!ori)orations 
owning  or  controlling  such  bridge  so  to  alter  the  same  as  to 
render  navigation  through  or  under  it  reasonably  free,  easy, 


Sept.  10,  1890. 
Sees.  4  uiid  5. 


352  PART    XXXVIII. — OBSTRUCTIONS    TO    NAVIGATION. 

and  unobstructed;  and  in  giving  such  notice  lie  shall 
specify  the  changes  recommended  by  the  Chief  of  Engineers 
that  are  required  to  be  made,  and  shall  prescribe  in  each 
case  a  reasonable  time  in  which  to  make  them.  If  at  the 
end  of  such  time  the  alteration  has  not  been  made,  the  Sec- 
retary of  War  shall  forthwith  notify  the  United  States 
district  attorney  for  the  district  in  which  such  bridge  is 
situated,  to  the  end  that  the  criminal  proceedings  hereinafter 
mentioned  may  be  taken.  If  the  persons,  corporation,  or 
association  owning  or  controlling  any  railroad  or  other 
bridge  shall,  after  receiving  notice  to  that  effect,  as  herein- 
before required,  from  the  Secretary  of  War,  and  within  the 
time  prescribed  by  him  willfully  fail  or  refuse  to  remove  the 
same  or  to  comply  with  the  lawful  order  of  the  Secretary 
of  War  in  the  premises,  such  persons,  corporation,  or  asso- 
ciation shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing five  thousand  dollars,  and  every  month  such  persons, 
corporation,  or  association  shall  remain  in  default  in  respect 
to  the  removal  or  alteration  of  such  bridge  shall  be  deemed 
a  new  offense,  and  subject  the  persons,  corporation,  or  asso- 
ciation so  offending  to  the  penalties  above  prescribed: 
Provided,  That  in  any  case  arising  under  the  provisions  of 
this  section  an  appeal  or  writ  of  error  may  be  taken  from 
the  district  courts  or  from  the  existing  circuit  courts  direct 
to  the  Supreme  Court  either  by  the  United  States  or  by  the 
defendants. 

371.  Bridge  fliers  and  abutments. 

Aug.  11, 1888.  Whenever  comj)laint  shall  be  made  by  the  Secretary  of 

Sec. 2.  War  that  by  reason  of  the  placing  in  any  navigable  waters 

of  the  United  States  of  any  bridge  pier  or  abutment,  the 
current  of  such  waters  has  been  so  deflected  from  its 
natural  course  as  to  cause  by  producing  caving  of  banks 
or  otherwise  serious  damage  or  danger  to  property,  it  shall 
be  his  duty  to  make  inquiry,  and  if  it  shall  be  ascertained 
that  the  complaint  is  well  founded,  he  shall  cause  the 
owners  or  i^ersons  operating  such  bridge  to  repair  such 
damage  or  prevent  such  danger  to  property  by  such  means 
as  he  shall  indicate  and  within  such  time  as  he  may  name, 
and  in  default  thereof  the  owners  or  persons  operating 
such  bridge  shall  be  liable  in  any  court  of  competent  juris- 
diction to  the  persons  injured  in  a  sum  double  the  amount 
of  said  injury. 

372.  Drawbridges. 

Aug.  17,1894.       It  shall  be  the  duty  of  all  persons  owning,  operating, 
Sec.  5.  a^u(j  tending  the  drawbridges  now  built,  or  which  may  here- 

after be  built  across  the  navigable  rivers  and  other  waters 
of  the  United  States,  to  open,  or  cause  to  be  opened,  the 
draws  of  such  bridges  under  such  rules  and  regulations  as 
in  the  opinion  of  the  Secretary  of  War  the  public  interests 
require  to  govern  the  opening  of  drawbridges  for  the  pas- 
sage of  vessels  and  other  water  crafts,  and  such  rules  and 
regulations,  when  so  made  and  published,  shall  have  the 


PART    XX.WIII. OKSTKUCTIONS    TO    NAVIGATION.  Sf)3 

force  of  law.  I^'xeiy  such  person  who  shall  w  ilirully  tail 
or  refuse  to  open,  or  cause  to  be  opened,  tlie  draw  of  any 
such. bridge  for  the  passage  of  a  boat  or  boats,  or  who  shall 
unreasonably  delay  the  opening  of  said  draw  after  reason- 
able signal  shall  have  been  given,  as  provided  in  such  regu- 
lations, shall  be  deemed  guilty  of  a  niisdeuieanor,  and  on 
conviction  thereof  shall  be  i)uuished  by  a  line  of  not  more 
than  two  thousand  dollars  nor  less  than  one  thousand  dol- 
lars, or  by  imprisonment  (in  the  case  of  a  natural  person) 
for  not  exceeding  one  year,  or  by  both  such  fine  and  impris- 
onment, in  the  discretion  of  the  court:  rrovidcfl,  That  the 
proi)er  action  to  enforce  the  provisions  of  this  section  may 
be  commenced  before  any  commissioner.  Judge,  or  court  of 
the  United  States,  and  such  commissioner.  Judge,  or  court 
shall  proceed  in  respect  thereto  as  authorized  by  law  in 
case  of  crimes  against  the  United  States :  I'roridcd  further, 
That  whenever,  in  the  opinion  of  the  Secretary  of  War,  the 
public  interests  require  it,  he  may  make  rules  and  regula- 
tions to  govern  the  opening  of  drawbridges  for  the  i)assage 
of  vessels  and  other  water  crafts,  and  such  rules  and  regu- 
lations, when  so  made  and  ])ublished,  shall  have  the  force 
of  law,  and  any  violation  thereof  shall  be  punished  as 
hereinbefore  i^rovided. 

373.   Sunken  wrecks. 

Whenever  the  navigation  of  any  river,  lake,  harbor,  ^iar.3,ie99. 
sound,  bay,  canal,  or  other  navigable  waters  of  the  United  ^^'[^'^\,  ,ggQ 
States  shall  be  obstructed  or  endangered  by  any  sunken  sec.4. 
vessel,  boat,  water  craft,  raft,  or  other  similar  obstruction,  Aug. 2, 1882. 
and  such  obstruction  has  existed  for  a  longer  period  than  Sept.  19, 1890. 
thirty  days,  or  whenever  the  abandonment  of  such  obstruc-  ^^'^•^• 
tion  can  be  legally  established  in  a  less  space  of  time,  the 
sunken  vessel,  boat,  water  craft,  raft,  or  other  obstruction 
shall  be  subject  to  be  broken  up,  removed,  sold,  or  other- 
wise disposed  of  by  the  Secretary  of  War  at  his  discretion, 
without  liability  for  any  damage  to  the  owners  of  the  same : 
Provided,  That  in  his  discretion,  the  Secretar}^  of  War  may 
cause  reasonable  notice  of  such  obstruction  of  not  less 
than  thirty  days,  unless  the  legal  abandonment  of  the 
obstruction  can  be  established  in  a  less  time,  to  be  given 
by  publication,  addressed  "To  w  honi  it  may  concern," in  a 
newspaper  published  nearest  to  the  locality  of  the  obstruc- 
tion, requiring  the  removal  thereof:  And  provided  also, 
That  the  Secretary  of  War  may,  in  his  discretion,  at  or 
after  the  time  of  giving  su(;h  notice,  cause  sealed  proposals 
to  be  solicited  by  public  advertisement,  giving  reasonable 
notice  of  not  less  than  ten  days,  ior  the  removal  o-f  such 
obstruction  as  soon  as  possible  after  the  expiration  of  the 
above  specified  thirty  days'  notice,  in  case  it  has  not  in  the 
meantime  been  so  removed,  these  ])roposals  and  contracts, 
at  his  discretion,  to  be  conditioned  that  such  vessel,  boat, 
water  craft,  raft,  or  other  obstruction,  and  all  cargo  ancl 
l)roperty  contained  therein,  shall  become  the  property  of 
the  contractor,  and  the  contract  shall  be  awarded  to  the 
bidder  making  the  proposition  most  advantageous  to  the 
United  States :  Provided,  That  such  bidder  shall  give  satis- 
NAV  09,  PT  2 23 


354  PAKT    XXXVIII. OHSTRUCTIONS    TO    NAVIGATION. 

factoiy  security  to  execute  the  work:  Provided  further^ 
That  auy  money  received  from  the  sale  of  any  such  wreck, 
or  from  any  contractor  for  the  removal  of  wrecks,  under 
this  parajjraph  shall  be  covered  into  the  Treasury  of  the 
United  States. 
Mar. 3, 1899.  Uudcr  emergency,  in  the  case  of  any  vessel,  boat,  water 
Sec. 20.  craft,   or  raft,   or  other    similar  obstruction,   sinking  or 

juuou,  18S0.    oTounding,  or  being  unnecessarily  delayed  in  any  Govern- 
sec.4.  iiient  canal  or  lock,  or  in  any  navigable  waters  mentioned 

in  section  nineteen,  in  such  manner  as  to  stop,  seriously 
interfere  with  or  specially  endanger  navigation,  in  the  opin- 
ion of  the  Secretary  of  War,  or  any  agent  of  the  United 
States  to  whom  the  Secretary  may  delegate  pro])er  author- 
ity, the  Secretary  of  War  or  any  such  agent  shall  have  the 
right  to  take  immediate  possession  of  such  boat,  vessel,  or 
other  water  craft,  or  raft,  so  far  as  to  remove  or  to  destroy 
it  and  to  clear  immediately  the  canal,  lock,  or  navigable 
waters  aforesaid  of  the  obstruction  thereby  caused,  using 
his  best  judgment  to  prevent  any  unnecessary  injury;  and 
no  one  shall  interfere  with  or  prevent  such  removal  or 
destruction :  rrovided,  That  the  officer  or  agent  (sharged 
with  the  removal  or  destruction  of  an  obstruction  under 
this  section  may  in  his  discretion  give  notice  in  writing  to 
the  owners  of  any  such  obstruction  requiring  them  to  re- 
move it:  And  provided  further^  That  the  expense  of  remov- 
ing any  such  obstruction  as  aforesaid  shall  V)e  a  charge 
against  such  craft  and  cargo;  and  if  the  owners  thereof 
fail  or  refuse  to  reimburse  the  United  States  for  such  ex- 
pense within  thirty  days  after  notification,  then  the  officer 
or  agent  aforesaid  may  sell  the  craft  or  cargo,  or  any  f>art 
thereof  that  may  not  have  been  destroyed  in  removal,  and 
the  proceeds  of  such  sale  shall  be  covered  into  the  Treasury 
of  the  United  States. 

Such  sum  of  money  as  may  be  necessary  to  execute  this 
section  and  the  preceding  section  of  this  Act  is  hereby 
ai)propriated  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  to  be  paid  out  on  the  requisition  of  the 
Secretary  of  War. 

All  laws  or  ijarts  of  laws  inconsistent  with  the  fore- 
going sections  ten  to  twenty,  inclusive,  of  this  Act  are 
hereby  repealed:  Provided^  That  no  action  begun,  or  right 
of  action  accrued,  prior  to  the  passage  of  this  Act  shall  be 
aflected  by  this  repeal. 

374.  Navigation  of  canals. 

Aug.  17, 1894.       It  shall  be  the  duty  of  the  Secretary  of  War  to  prescribe 
Sec. 4.  Huch  rules  and  regulations  for  the  use,  administration,  and 

navigation  of  any  or  all  canals  and  similar  works  of  navi- 
gation that  now  are,  or  that  hereafter  may  be,  owned, 
operated,  or  maintained  by  the  United  States  as  in  his 
judgment  the  jiublic  necessity  may  require.  Such  rules 
and  regulations  shall  be  posted,  in  conspicuous  and  appro 
priate  places,  for  the  information  of  the  public;  and  every 
person  and  every  corporation  which  shall  knowingly  and 
willfully  violate  such  rules  and  regulations  shall  be  deemed 
guilty  of  a  misdemeanor  and,  on  conviction  thereof  in  any 


PAlvT    XXXVIII. — OnSTlU'CTIONS    TO    NANKJATIoN.  365 

court  oi"  the  United  iStates  within  whose,  teiritoiial  Jiiiis 
diction  such  oftense  may  have  been  coininittcd,  siiall  bo 
punished  by  a  fine  not  exceedinj;-  live  bundled  doHais,  or  by 
iniprisonnieut  (in  the  case  of  a  natural  i)erson)  not  exceed- 
ing six  months,  in  the  discretion  of  the  court. 

375.  Potomac  River. 

It  shall  be  unlawful  for  any  owner  or  occupant  of  any  May  ly,  i89e. 
whaif  or  dock,  any  master  or  captain  of  any  vessel, or  any 
person  or  persons  to  cast,  throw,  drop,  or  deposit  any  bal- 
last, dirt,  oyster  shells,  or  ashes  in  the  water  in  any  ])ort 
of  the  Totomac  IJiver  or  its  tributaries  in  the  District  of 
Columbia,  or  on  the  shores  of  said  river  below  high-water 
mark,  unless  for  the  purpose  of  making  a  wliarf,  after  per- 
mission has  beeu  obtained  from  the  Commissioners  of  tlie 
District  of  Columbia  for  that  purpose,  Avhich  wharf  shall 
be  sufficiently  enclosed  and  secured  so  as  to  prevent  injury 
to  navigation. 

It  shall  be  unlawful  for  any  owner  or  occupant  of  any  sec.2. 
wharf  or  dock,  any  captain  or  master  of  any  vessel,  or  any 
other  persou  or  persons  to  cast,  throw,  deposit,  or  drop  in 
any  dock  or  in  the  waters  of  the  Potomac  Kiver  or  its 
tributaries  in  the  District  of  Columbia  any  dead  fish,  fish 
ofl'al,  dead  animals  of  any  kind,  condemned  oysters  in  the 
shell,  watermelons,  cantaloupes,  vegetables,  fruits,  shav- 
ings, hay,  straw,  ice,  snow,  filth,  or  trash  of  any  kind 
whatsoever. 

Any  person  or  persons  violatiug  any  of  the  provisions  of  ^♦'•'•3- 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  in  the  police  court  of  the  District  of 
Columbia  shall  be  jiunished  l)v  a  fine  not  exceeding  one 
hundred  dollars  or  by  imprisonment  not  exceeding  six 
months,  or  by  both  such  punishments,  in  the  discretion  of 
the  court. 

Nothing  in  this  Act  contained  shall  be  construed  to    ^'^•^• 
interfere  with  the  work  of  improvement  in  or  along  the 
said  river  and  harbor,  under  the  supervision  of  the  United 
IStates  Government. 


Part  XXXIX.-NEW  YORK  HARBOR. 


376.  fife  IV  York  Harbor. 

Aug.  17, 1894.        It  sliall  be  unlawful  for  a,uy  person  or  persons  to  engage 
sec.2.  in  fishing  or  dredging  for  sliell  fish  in  any  of  the  channels 

leading  to  and  from  the  harbor  of  New  York,  or  to  inter- 
fere in  any  way  with  the  safe  navigation  of  those  channels 
by  ocean  steamships  and  shij^s  of  deep  draft.  Any  person 
or  persons  violating  the  foregoing  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  j^unished  by  fine  or  imprisonment,  or  both, 
such  fine  to  be  not  more  than  two  hundred  and  fifty  dollars 
nor  less  than  fifty  dollars,  and  the  imprisonment  to  be  not 
more  than  six  months  nor  less  than  thirty  days,  either  or 
botli  united,  as  the  judge  before  whom  conviction  is  obtained 
shall  decide.  It  sliall  be  the  duty  of  the  United  States 
Supervisor  of  the  harbor  to  enforce  this  act,  and  the  deputy 
inspectorsof  the  said  supervisor  shall  have  authority  to  arrest 
and  take  into  custody,  with  or  without  process,  any  person 
or  persons  who  may  commit  any  of  the  acts  or  offenses  pro- 
hibited by  this  Act:  Provided.,  That  no  i^erson  shall  be 
arrested  without  process  for  any  offense  not  committed  in 
the  presence  of  the  supervisor  or  his  inspector  or  deputy 
insi)ectors,  or  either  of  them:  And  further  provided.,  That 
whenever  any  such  arrest  is  made  the  i)erson  or  persons  so 
arrested  shall  be  brought  forthwith  before  a  commissioner, 
judge,  or  court  of  the  United  States  for  examination  of  the 
ofi'enses  alleged  against  him ;  and  such  commissioner,  judge, 
or  court  shall  proceed  in  respect  thereto  as  authorized  by 
law  in  case  of  crimes  against  the  United  States. 

June  29,1888.  The  placing,  discharging,  or  depositing,  by  any  process 
or  in  any  manner,  of  refuse,  dirt,  ashes,  cinders,  mud,  sand, 
dredgings,  sludge,  acid,  or  any  other  matter  of  any  kind, 
other  than  that  flowing  from  streets,  sewers,  and  ])assing 
therefrom  in  a  lirjuid  state,  in  the  tidal  waters  of  the  harbor 
of  New  York,  or  its  adjacent  or  tributary  waters,  or  in  those 
of  Long  Island  Sound,  within  the  limits  which  shall  be  pre- 
scribed by  the  supervisor  of  the  harbor,  is  hereby  strictly 
forbidden.  And  ev^ery  such  act  is  made  a  misdemeanor, 
and  every  person  engaged  in  or  who  shall  aid,  abet,  author- 
ize, or  instigate  a  violation  of  this  section,  shall,  upon  con- 
viction, be  punishable  by  fine  or  i  inprisonment,  or  both,  such 
fine  to  be  not  less  than  two  hundred  and  fifty  dollars  nor 
356 


PART    XXXIX. NEW    YORK    HARBOR.  357 

more  tlian  two  thousand  five  Imndrcd  dollars,  and  the 
imprisonment  to  be  not  less  than  thirty  days  nor  more  tlian 
one  year,  either  or  both  united,  as  the  Judge  before  whom 
conviction  is  obtained  shall  decide,  one  half  of  said  line  to 
be  paid  to  the  person  or  persons  giving-  information  which 
shall  lead  to  conviction  of  this  misdemeanor. 

Any  and  every  master  and  engineer,  or  i)erson  or  persons  see 2. 
acting  in  such  capacity,  respectively,  on  board  of  any  boat 
or  vessel,  who  shall  knowingly  engage  in  towing  any  scow, 
boat,  or  vessel  loaded  with  any  such  ])rohibited  matter  to 
any  point  or  place  of  deposit,  or  discharge  in  the  waters  of 
the  harbor  of  New  York,  or  in  its  adjacent,  or  tributary 
waters,  or  in  those  of  Long  Island  Sound,  or  to  any  point 
or  place  elsewhere  than  within  the  limits  defined  and  per- 
mitted by  the  supervisor  of  the  harbor  hereinafter  men- 
tioned, shall  be  deemed  guilty  of  a  violation  of  this  act,  and 
shall,  upon  conviction,  be  punishable  as  hereinbefoie  pro- 
vided for  oflensesin  violation  of  section  one  of  this  act,  and 
shall  also  have  his  license  revoked  or  suspended  for  a  term 
to  be  fixed  by  the  Judge  before  whom  tried  and  convicted. 

In  all  cases  of  receiving  on  board  of  any  scows  or  boats  ^^''■^■ 
such  forbidden  matter  or  substance  as  herein  described,  ge"*'^^''^^ 
the  owner  or  master,  or  person  acting  in  such  cai)acity  on 
board  of  such  scows  or  boats,  before  proceeding  to  take 
or  tow  the  same  to  the  place  of  deposit,  shall  apply  for  and 
obtain  from  the  supervisor  of  the  harbor  appointed  here- 
under a  permit  defining  the  precise  limits  within  which  the 
discharge  of  such  scows  or  boats  may  be  made;  and  it  shall 
not  be  lawful  for  the  owner  or  master,  or  person  acting  in 
such  capacity,  of  any  tug  or  towboat  to  tow  or  move  any 
scow  or  boat  so  loaded  with  such  forbidden  matter  until 
such  permit  shall  have  been  obtained ;  and  every  ])erson 
violating  the  foregoing  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  i)unished  by  a  fine  of  not  more  than  one  thousand 
nor  less  than  five  hundred  dollars,  and  in  addition  thereto 
the  master  of  any  tug  or  towboat  so  offending  shall  have 
his  license  revoked,  or  suspended  for  a  term  to  be  fixed  by 
the  Judge  before  whom  tried  and  convicted.  And  any 
deviation  from  such  dumping  or  discharging  place  speci- 
fied in  such  permit  shall  be  a  misdemeanor,  and  the  owner 
and  master,  or  ])ersou  acting  in  the  capacity  of  master,  of 
any  scows  or  boats  dumi)ingor  discharging  such  forbidden 
matter  in  any  i)lace  other  than  thiit  specified  in  such  i>ermit 
shall  be  liable  to  i)unishiuent  therefor  as  i)rovided  in  st'<;- 
tion  one  of  the  said  Act  of  June  twenty  ninth,  eighteen 
hundred  and  eighty  eight;  and  the  owner  and  nuister,  or 
person  acting  in  the  capacity  of  master,  of  any  tug  or  tow- 
boat  towing  such  scows  or  boats  shall  be  liable  to  ei|ual 
punishment  with  the  owner  and  master,  or  person  acting 
in  the  capacity  of  master,  of  the  scows  or  boats;  and, 
further,  every  scowman  or  other  employee  on  board  of  both 
scows  and  towboats  shall  be  deemed  to  have  knowledge 
of  the  place  of  dumping  si)ecifie(l  in  siu-h  i)ermit,  and  tlie 
owners  and  masters,  or  persons  acting  in  the  <'apa('ity  of 


358  PART  XXXIX NEW  YORK  HARBOR. 

masters,  shall  be  liable  to  punishment,  as  aforesaid,  for  any 
unlawful  dumping,  within  the  meaning  of  this  Act  or  of 
the  said  Act  of  -lune  twenty-nintli,  eighteen  hundred  and 
eighty-eight,  which  may  be  caused  by  the  negligence  or 
ignorance  of  such  scowmau  or  other  employee ;  and,  further, 
neither  defect  in  machinery  nor  avoidable  accidents  to 
scows  or  towboiits,  nor  unfavorable  weather,  nor  improper 
handling  or  moving  of  scows  or  boats  of  any  kind  whatso- 
ever, shall  operate  to  release  the  owners  and  masters  and 
employees  of  scows  and  towboats  from  the  penalties  here- 
inbefore mentioned.  Every  scow  or  boat  engaged  in  the 
transportation  of  dredgings,  earth,  sand,  mud,  cellar  dirt, 
garbage,  or  other  offensive  material  of  any  description 
shall  have  its  name  or  number  and  owner's  name  painted 
in  letters  and  numbers  at  least  fourteen  inches  long  on 
both  sides  of  the  scow  or  boat;  these  names  and  numbers 
shall  be  kept  distinctly  legible  at  all  times,  and  no  scow  or 
boat  not  so  marked  si i all  be  used  to  transport  or  dump 
any  such  material.  The  supervisor  of  the  harbor  of  New 
York,  designated  as  provided  in  section  live  of  the  said  Act 
of  J  une  twenty-ninth,  eijzhteen  hundred  and  eighty-eight,  is 
authorized  and  directed  to  appoint  inspectors  and  deputy 
inspectors,  and,  for  the  i)urpose  of  enforcing  the  provisions 
of  this  Act  and  of  the  Act  aforesaid,  and  of  detecting  and 
bringing  to  iiunishment  offenders  against  the  same,  the 
said  supervisor  of  the  .harbor,  and  the  inspectors  and 
dei)nty  inspectors  so  appointed  by  him,  shall  have  i)ower 
and  authority: 

First.  To  arrest  and  take  into  custody,  with  or  without 
process,  any  person  or  persons  who  may  commit  any  of  the 
acts  or  offenses  prohibited  by  this  section  and  by  the  Act 
of  tTune  twenty-ninth,  eighteen  hundred  and  eighty  eight, 
aforesaid,  or  who  may  violate  any  of  the  provisions  of  the 
same:  Provided,  That  no  person  shall  be  arrested  without 
process  for  any  offense  not  committed  in  the  presence  of  the 
supervisor  or  his  inspectors  or  deputy  inspectors,  or  either 
of  them:  And  provided  further,  That  whenever  any  such 
arrest  is  made  the  person  or  persons  so  arrested  shall  be 
brought  forthwith  before  a  commissioner,  Judge,  or  court  of 
the  United  States  for  examination  of  the  offenses  alleged 
against  him;  and  such  commissioner,  judge,  or  court  shall 
proceed  in  respect  thereto  as  authorized  by  law  in  case  of 
crimes  against  the  United  States. 

Second.  To  go  on  board  of  any  scow  or  towboat  engaged 
in  unlawful  dumping  of  ])rohibited  material,  or  in  moving 
the  same  without  a  permit  as  required  in  this  section  of 
this  Act,  and  to  seize  and  hold  said  boats  until  they  are 
discharged  by  action  of  the  commissioner,  judge,  or  court 
of  the  United  States  before  whom  the  offending  persons 
are  brought. 

Third.  To  arrest  and  take  into  cnstody  any  witness  or 
witnesses  to  such  unlawful  dumping  of  prohibited  material, 
the  said  witnesses  to  be  released  under  proper  bonds. 

t^urth.  To  go  on  board  of  any  towboat  having  in  tow 
scows  or  boats  loaded  with  such  prohibited  material,  and 
accompany  the  same  to  the  place  of  dumping,  whenever 


PAUT  XXXIX. NKW  YORK  HARBOR.  3;")!) 

sucli  action  appears  to  be  necessary  to  secure  conii)lian(;e 
with  tlie  requirements  of  tills  Act  and  of  the  Act  aforesaid. 

Fifth.  To  enter  gas  and  oil  works  and  all  othei-  niannfac- 
turinjyf  works  for  the  purpose  of  discov('rin<>;  the  disi)()sitiou 
made  of  sludue,  acid,  or  other  in.jurions  niaterial,  whenever 
there  is  goi»d  reason  to  believe  that  such  sludge,  acid,  or 
other  injurious  material  is  allowed  to  run  into  the  tidal 
waters  of  the  harbor  in  violation  of  section  one  of  the 
aforesaid  Act  of  June  twenty-ninth,  eighteen  hnndred  antl 
eighty-eight. 

Every  person  who,  directly  or  indirectly,  gives  any  sum 
of  money  or  other  bribe,  present,  or  reward  or  makes  any 
offer  of  the  same  to  any  inspector,  deputy  ins])eetor,  or  other 
employee  of  the  oflice  of  the  sui)ervisor  of  the  harbor  with 
intent  to  intlueuce  such  inspector,  deputy  inspector,  or  other 
employee  to  permit  or  overlook  any  violations  of  the  provi- 
sions of  this  section  or  of  the  said  Act  of  Juno  twenty-ninth, 
eighteen  hundred  and  eighty-eight,  shall,  on  (conviction 
thereof,  be  tined  not  less  than  live  hundred  dollars  nor  more 
than  one  thousand  dollars,  and  be  imprisoned  not  less  than 
six  months  nor  more  than  one  year. 

Every  permit  issued  in  a(;cordance  with  the  provisions 
of  this  section  of  this  Act  which  may  not  be  taken  up  by 
an  inspector  or  deputy  inspector  shall  be  returned  within 
forty  eight  hours  after  issuance  to  the  office  of  the  sui)er- 
visor  of  the  harbor;  such  i)ermit  sliall  bear  an  endorsement 
by  the  master  of  the  towboat,  or  the  person  acting  in  such 
capacity,  stating  whether  the  permit  has  been  used,  and  if 
so  the  time  and  place  of  dumping.  Any  person  violating 
the  provisions  of  this  section  shall  be  liable  to  a  tine  of  not 
more  than  tive  hundred  dollars  nor  less  than  one  hundred 
dollars. 

All  nuul,  dirt,  sand,  dredgings,  and  material  of  every  .]uno29, issa 
kind  and  des(;ription  whatever  taken,  dredged,  or  exca-  ^^<^-*- 
vated  from  any  slip,  basin,  or  shoal  in  tlie  harbor  of  Xew 
York,  or  the  waters  adjacent  or  tributary  thereto,  and 
phiced  on  any  boat,  scow,  or  vessel  for  the  purpose  of  l)eing 
taken  or  towed  upon  the  waters  of  the  harbor  of  New  York 
to  a  place  of  deposit,  shall  be  deposited  and  discharged  at 
such  place  or  within  such  limits  as  shall  be  detined  and 
specified  by  the  supervisor  of  the  harbor,  as  in  the  third 
section  of  this  act  prescribed,  and  not  otherwise.  Every 
person,  tirm,  or  corporation  being  the  owner  of  any  slip, 
basin,  or  shoal,  from  which  such  mud,  dirt,  sand,  dredgings, 
and  material  shall  be  taken,  dredged,  or  excavated,  and 
every  person,  tiini,  or  ('ori)oration  in  any  manner  engaged 
in  the  work  of  dredging  or  excavating  any  su(;h  slip,  basin, 
or  shoal,  or  of  removing  such  mud,  dirt,  sand,  or  dredgings 
therefrom,  shall  severally  be  resjjonsible  for  the  deposit 
and  discharge  of  all  such  mud,  dirt,  sand,  or  dredgings  at 
such  place  or  within  such  limits  so  delined  and  prescribed 
by  said  supervisor  of  the  harbor;  and  for  every  violation  of 
the  provisions  of  this  section  the  person  offending  shall  be 
guilty  of  an  offense  against  this  act,  and  shall  be  i)unished 
by  a  fine  e<|ual  to  the  sum  of  tive  dollars  for  every  (uibic 
yard  of  mud,  dirt,  saml,  dredgings,  or  material  not  depos- 


360  PART  XXXTX. NEW  YORK  HARBOR. 

ited  or  discharged  as  required  by  this  section.  Any  boat 
or  vessel  used  or  employed  in  violating  any  provision  of 
this  act,  shall  l)e  liable  to  the  pecuuiary  penalties  imposed 
thereby,  and  may  be  proceeded  against,  summarily  by  way 
of  libel  in  any  district  court  of  the  United  States,  having 
jurisdiction  thereof. 

A  line  officer  of  the  Navy  shall  be  designated  by  the 
President  of  the  United  States  as  su])ervisor  of  the  harbor, 
to  act  under  the  direction  of  the  Secretary  of  War  in 
enforcing  the  provisions  of  this  act,  and  in  detecting  offend- 
ers against  the  same.  This  officer  shall  receive  the  sea-pay 
of  his  grade,  and  shall  have  personal  charge  and  supervi- 
sion under  the  Secretary  of  War,  and  shall  direct  the  patrol 
boats  and  other  means  to  detect  and  bring  to  punishment 
offenders  against  the  provisions  of  this  act. 


Sec.  5. 


Part  XL.— ANCHORAGE  GROUNDS. 


377.  New  York  Bay.  i  378.  C'liicano  llarlior. 

377.   New  York  Bay. 

The  Secretary  of  the  Treasury  is  authorized,  empowered,  ^^"v  '6-  i^afi. 
and  directed  to  define  and  establish  an  ancliorage  .ground 
for  vessels  in  the  bay  and  harbor  of  New  York,  and  in  the 
Hudson  and  East  Rivers,  to  adopt  suitable  rules  and  regu- 
lations in  relation  thereto,  and  to  take  all  necessary  meas- 
ures for  the  proper  enforcement  of  such  rules  and 
regulations. 

The  Act  of  May  sixteenth,  eighteen  hundred  and  eighty-    mmi.  3,1899. 
eight,  relating  to  anchorage  of  vessels  in  the  port  of  New 
York,  is  hereby  extended  to  include  the  waters  of  Kill  von 
Knll,  Newark  Bay,  Arthur  Kill,  and  Earitan  Bay. 

In  the  event  of  the  violation  of  any  such  rules  or  regu-  May  le,  1888. 
lations  by  the  owner,  master,  or  person  in  charge  of  any  •'^''c-2. 
vessel,  such  owner,  master,  or  person  in  charge  of  such 
vessel  shall  be  liable  to  a  i)enalty  of  one  hundred  dollars, 
and  the  said  vessel  may  be  holden  for  the  payment  of  such 
penalty,  and  may  be  seized  and  proceeded  against  sum- 
marily by  libel  for  the  recovery  of  the  same  in  any  Ignited 
States  district  court  for  the  district  within  whicli  such  ves- 
sel may  be,  and  in  the  name  of  the  officer  designated  by 
the  Secretary  of  the  Treasury. 


378.    Chicago  Harbor. 

The  Secretary  of  the  Treasury  is  authorized  and  directed 
to  define  and  establish  anchorage  grounds  for  vessels  in  tlic 
harbors  of  Chicago,  and  waters  of  Lake  Michigan  adjacent 
thereto,  to  adopt  suitable  rules  and  regulations  in  relation 
to  the  same,  and  also  to  adopt  suitable  rules  and  regula- 
tions governing  the  use  of  marked  inshore  channels  in  Lake 
Michigan  in  front  of  the  city  of  Chicago,  and  to  take  all 
necessary  measures  for  the  proper  enforcement  of  such 
rules  and  regulations. 

In  the  event  of  the  violation  of  any  such  rules  or  regula- 
tions by  the  owner,  nuister,  or  person  in  charge  of  any  ves- 
sel, such  owner,  master,  or  person  in  charge  of  such  vessel 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  and  the 
said  vessel  maybe  holden  for  the  payment  of  such  jtenalty, 
and  may  be  seized  and  i)roceeded  against  summarily  by 
libel  for  the  recovery  of  the  same  in  any  United  States  dis- 
trict court  for  the  di.strict within  which  su(;li  vessel  maybe, 
and  in  tlie  name  of  the  oriicei-  designated  by  the  Secretary 
of  the  Treasury. 


361 


Part  XLI—NEUTRALITY. 


379.   Neutrality. 

K.s.,5281.  Every  citizen  of  the  United  States  who,  within  the  terri- 

tory or  jurisdiction  thereof,  accepts  and  exercises  a  com- 
mission to  serve  a  foreign  ])rmce,  state,  colony,  district,  or 
people,  in  war,  by  land  or  by  sea,  against  any  prince,  state, 
colony,  district,  or  people,  with  whom  the  United  States 
are  at  peace,  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  shall  be  fined  not  more  than  two  thousand  dollars  and 
imprisoned  not  more  than  three  years. 

R.s.,5282.  Every  person  who,  within  the  territory  or  jurisdiction  of 

the  United  States,  enlists  or  enters  himself,  or  hires  or 
retains  another  person  to  enlist  or  enter  himself,  or  to  go 
beyond  the  limits  or  jurisdiction  of  the  United  States  witli 
intent  to  be  enlisted  or  entered  in  the  service  of  any  for 
eign  prince,  state,  colony,  district  or  i)eople,  as  a  soldier,  or 
as  a  marine  or  seaman,  on  board  of  any  vessel  of  war,  letter 
of  marque,  or  privateer,  shall  be  deemed  guilty  of  high  mis- 
demeanor, and  shall  be  fined  not  more  than  one  thousand 
dollars,  and  imprisoned  not  more  than  three  years. 

K.s.,5283.  Every  person  who,  within  the  limits  of  the  United  States, 

fits  out  and  arms,  or  attempts  to  fit  out  and  arm,  or  pro- 
cures to  be  fitted  out  and  armed,  or  knowingly  is  concerned 
in  the  furnishing,  fitting  out,  or  arming,  of  any  vessel,  with 
intent  that  such  vessel  shall  be  employed  in  the  service  of 
any  foreign  prince  or  state,  or  of  any  colony,  district,  or 
people,  to  cruise  or  commit  hostilities  against  the  subjects^ 
citizens,  or  property  of  any  foreign  jnince  or  state,  or  of 
any  colony,  district,  or  people,  with  whom  the  United  States 
are  at  peace,  or  who  issues  or  delivers  a  commission  within 
the  territory  or  jurisdiction  of  the  United  States,  for  any 
vessel,  to  the  intent  that  she  may  be  so  employed,  shall  b«>. 
deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined 
not  more  than  ten  thousand  dollars,  and  imprisoned  not 
more  than  three  years.  And  every  such  vessel,  with  her 
tackle,  apparel,  and  furniture,  together  with  all  materials, 
arms,  ammunition,  and  stores,  which  may  have  been  pro- 
cured for  the  building  and  equipment  thereof,  shall  be 
forfeited ;  one  half  to  the  use  of  the  informer,  and  the  other 
half  to  the  use  of  the  United  States. 

R. s.,5284.  P^very  citi/en  of  the  United  States  who,  without  the 

limits  thereof,  fits  out  and  arms,  or  attempts  to  fit  out  and 
arm,  or  procures  to  be  fitted  out  and  armed,  or  knowingly 
362 


PART    XLI. —  NEUTRALITY.  3G3 

aids  or  is  couceviied  in  liirnishing-,  fitting  out,  or  uimin^ 
any  private  vessel  of  war,  or  privateer,  wirli  intent  that 
such  vessel  shall  be  employed  to  cruise,  or  coniinit  hostili- 
ties, upon  the  citizens  of  the  Tnited  States,  or  their  prop- 
erty, or  who  takes  the  connuand  of,  or  enters  on  board  of 
any  such  vessel,  for  such  intent,  or  who  purchases  any 
interest  in  any  such  vessel,  with  a  view  to  share  in  the 
protits  thereof,  shall  be  deemed  <iuilty  of  a  hij^h  misde- 
meanor, and  tined  not  more  than  ten  thousand  dollars,  and 
imprisoned  not  more  than  ten  years.  And  the  trial  (or 
such  offense,  if  committed  without  the  limits  of  the  United 
States,  shall  be  in  the  district  in  which  the  offender  shall 
be  apprehended  or  first  brought. 

Every  person  who,  within  the  territory  or  Jurisdiction  of  r.s.,5285. 
the  United  States,  increases  or  augments,  or  procures  to 
be  increased  or  augmented,  or  knowingly  is  concerned  in 
increasing  or  augmenting,  the  force  of  any  shi[)  of  war, 
cruiser,  or  other  armed  vessel,  which,  at  the  time  of  her 
arrival  within  the  United  States,  was  a  ship  of  war,  or 
cruiser,  or  armed  vessel,  in  the  service  of  any  foreign  prin(;e 
or  state,  or  of  any  colony,  district,  or  people,  or  belonging 
to  the  subjects  or  citizens  of  any  such  prince  or  state,  col- 
ony, district,  or  people,  the  same  being  at  war  with  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or  people, 
with  whom  the  United  States  are  at  peace,  by  adding  to 
the  number  of  the  guns  of  such  vessel,  or  by  changing  those 
on  board  of  her  for  guns  of  a  larger  caliber,  or  by  adding 
thereto  any  equipment  solely  applicable  to  war,  shall  be 
deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined 
not  more  than  one  thousand  dollars  and  be  imprisoned  not 
more  than  one  year. 

Every  person  who,  within  the  territory  or  Jurisdiction  of  ]i.s.,52irt5. 
the  United  States,  begins,  or  sets  on  foot,  or  i)rovides  or 
pre])ares  the  means  for  any  military  expedition  or  enter- 
prise, to  be  carried  on  from  thence  against  the  territory  or 
dominions  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people  with  whom  the  United  States  are  at 
]ieace,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and 
shall  be  fined  not  exceeding  three  thousand  dollars,  and 
imjirisoned  not  more  than  tliree  years. 

The  district  court  shall  take  cognizance  of  all  complaints  e.  s..  v^rv. 
by  whomsoever  instituted  in  cases  of  captures  made  within 
the  waters  of  the  United  States  or  within  a  marine  league 
of  the  coasts  or  shores  thereof.  In  every  case  in  which  a 
vessel  is  fitted  out  and  armed,  or  attempted  to  be  fitted 
out  and  armed,  or  in  whicli  the  force  of  any  vessel  of  war, 
cruiser,  or  other  armed  vessel  is  increased  or  augmented, 
or  in  which  any  military  expedition  or  enterprise  is  begun 
or  set  on  foot,  contrary  to  the  provisions  and  prohibitions 
of  this  Title  |K.  S.,  5281-5291] ;  and  in  every  case  of  the 
capture  of  a  vessel  within  the  jurisdiction  or  protection 
of  the  United  States  as  before  defined;  and  in  every  case 
in  which  any  process  issuing  out  of  any  court  of  the  United 
States  is  disobeyed  or  resisted  by  any  person  having  the 
custody  of  ajiiy  vessel  of  war,  cruiser,  or  other  armed  vessel 


364  PART    XLT. NEUTRALITY. 

of  any  foreign  prince  or  state,  or  of  any  colony,  district, 
or  people,  or  of  any  subjects  or  citizens  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  peo])le,  it  shall 
be  lawful  for  the  President,  or  such  other  person  as  he  shall 
have  empowered  for  that  purpose,  to  employ  such  part  of 
the  land  or  naval  forces  of  the  United  States,  or  of  tlie 
militia  thereof,  for  the  i)urp()se  of  taking  possession  of  and 
detaining  any  such  vessel,  with  her  prizes,  if  any,  in  order 
to  the  execution  of  the  prohibitions  and  penalties  of  this 
Title,  and  to  the  restoring  of  such  prizes  in  the  cases  in 
which  restoration  shall  be  adjudged;  and  also  tor  the  pur- 
pose of  preventing  the  carrying  on  of  any  such  expedition  or 
enterprise  from  the  territories  or  jurisdiction  of  the  United 
States  against  the  territories  or  dominions  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people  with 
whom  the  United  States  are  at  peace. 

R.s.,5288.  It  shall  be  lawful  for  the  President,  or  such  person  as  he 

shall  empower  for  that  purpose,  to  employ  such  part  of  the 
land  or  naval  forces  of  the  United  States,  or  of  the  militia 
thereof,  as  shall  be  necessary  to  compel  any  foreign  vessel 
to  depart  the  United  States  in  all  cases  in  which,  by  the 
laws  of  nations  or  the  treaties  of  the  United  States,  she 
ought  not  to  remain  within  the  United  States. 

E.s.,5289.  The  owners  or  consignees  of  every  armed  vessel  sailing 

out  of  the  ports  of  the  United  States,  belonging  wholly  or 
in  part  to  citizens  thereof,  shall,  before  clearing  out  the 
same,  give  bond  to  the  United  States,  with  sufficient  sure 
ties,  in  double  the  amount  of  the  value  of  the  vessel  and 
cargo  on  board,  including  her  armament,  conditioned  tliat 
the  vessel  shall  not  be  employed  by  such  owners  to  cruise 
or  commit  hostilities  against  the  subjects,  citizens,  or  prop- 
erty of  any  foreign  prince  or  state,  or  of  any  colony,  dis 
trict,  or  j)eople,  with  whom  the  United  States  are  at  peace. 

E:s.,529o.  The  Several  collectors  of  the  customs  shall  detain  any 

vessel  manifestly  built  for  warlike  purposes,  and  about  to 
depart  the  United  States,  the  cargo  of  which  principally 
consists  of  arms  and  munitions  of  war,  when  the  number 
of  men  shipped  on  board,  or  other  circumstances,  render 
it  probable  that  such  vessel  is  intended  to  be  employed  by 
the  owners  to  cruise  or  commit  hostilities  upon  the  sub- 
jects, citizens,  or  property  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people  with  whom  the  United 
States  are  at  peace,  until  the  decision  of  the  President  is 
had  thereon,  or  until  the  owner  gives  such  bond  and 
security  as  is  required  of  the  owners  of  armed  vessels  by 
the  preceding  section. 

R.s.,5291.  The  provisions  of  this  Title  [R.  S.  5281-5201]  shall  not  be 

construed  to  extend  to  any  subject  or  citizen  of  any  foreign 
prince,  state,  colony,  district,  or  people  who  is  transiently 
within  the  United  States,  and  enlists  or  enters  himself  on 
board  of  any  vessel  of  war,  letter  of  marque,  or  privateer, 
which  at  the  time  of  its  arrival  within  the  United  States  was 
fitted  and  equipped  as  such,  or  hires  or  retains  another 
subject  or  citizen  of  the  same  foreign  prince,  state,  colony, 
district,  or  people,  who  is  transiently  within  the  United 


PART    XLl. NEUTltALlTY.  3(!o 

States,  to  enlist  or  cntei-  himself  to  serve  such  toreijiii 
priuce,  state,  colouy,  distriet,  or  people,  on  board  such 
vessel  of  war,  letter  of  uuirque,  or  privateer,  it  the  United 
States  shall  then  be  at  peace  with  such  foreion  pnnce, 
state,  colony,  district,  or  people.  Nor  shall  tliey  1)«;  con- 
strued to  prevent  the  i)rosecuti()n  or  punisliinent  ol  trea- 
son, or  of  any  piracy  detined  by  the  laws  of  the  United 
States. 


Part  XLIT— OUANO  ISLANDS. 


380.  Guano  Islands. 

R.s.,5570.  Wheuever  auy  citizen  of  the  United  States  discovers  a 

deposit  of  guano  on  any  island,  rock,  or  liey,  not  within 
the  lawful  jurisdiction  of  any  other  government,  and  not 
occupied  by  the  citizens  of  any  other  government,  and 
takes  peaceable  ])Ossession  thereof,  and  occupies  the  same, 
such  island,  rock,  or  key  may,  at  the  discretion  of  the 
President,  be  considered  as  appertaining  to  the  United 
States. 

E.s.,5571.  The  discoverer  shall,  as  soon  as  practicable,  give  notice, 

verified  by  affidavit,  to  the  Department  of  State,  of  such 
discovery,  occupation,  and  possession,  describing  the  island, 
rock,  or  key,  and  the  latitude  and  longitude  thereof,  as 
near  as  may  be,  and  showing  that  such  possession  was 
taken  in  the  name  of  the  United  States;  and  shall  furnish 
satisfactory  evidence  to  the  State  Department  that  such 
island,  rock,  or  key  was  not,  at  the  time  of  the  discovery 
thereof,  or  of  the  taking  possession  and  occupation  thereof 
by  ihe  claimants,  in  the  possession  or  occupation  of  any 
otliei'  government  or  of  the  citizens  of  any  other  govern- 
ment, before  the  same  shall  be  considered  as  appertaining 
to  the  United  States. 

R.s.,5572.  xf  the  discoverer  dies  before  perfecting  proof  of  discov- 

ery or  fully  complying  with  the  provisions  of  the  preceding 
section,  his  widow,  heir,  executor,  or  administrator,  shall 
be  entitled  to  the  benefits  of  such  discovery,  upon  comply- 
ing with  the  provisions  of  this  Title  [R.  S.  5570-5578];  but 
nothing  herein  shall  be  held  to  impair  any  rights  of  dis- 
covery or  any  assignment  by  a  discoverer  heretofore  recog- 
nized by  the  United  States. 

R.s.,5573.  The  discoverer,  or  his   assigns,  being   citizens  of  the 

United  States,  may  be  allowed,  at  the  pleasure  of  Con- 
gress, the  exclusive  right  of  occupying  such  island,  rocks, 
or  keys,  for  the  purpose  of  obtaining  guano,  and  of  selling 
and  delivering  the  same  to  citizens  of  the  United  States, 
to  be  used  therein,  and  may  be  allowed  to  charge  and 
receive  for  every  ton  thereof  delivered  alongside  a  vessel, 
in  proper  tubs,  within  reach  of  ship's  tackle,  a  sum  not 
exceeding  eight  dollars  per  ton  for  the  best  qualify,  or  four 
dollars  for  every  ton  taken  while  in  its  native  place  of 
deposit. 
366 


PART    XLU. (ilJANO    ISLANDS.  367 

No  guano  sbiUl  be  taken  from  any  siicli  island,  rock,  or  ';  s-.''574. 
key,  except  for  tlie  use  of  the  (citizens  of  the  United  States 
or  of  persons  resident  therein.  'I'he  discoverer,  or  his 
widow,  heir,  executor,  administrator,  or  assijuns,  shall  enter 
into  bond,  in  such  i)enalty  and  with  such  sureties  as  may 
be  required  by  the  President,  to  deliver  the  guano  to  citi- 
zens of  the  Unite<l  States,  for  the  purpose  of  being  used 
therein,  and  to  none  others,  ami  at  the  price  prescribed, 
and  to  provide  all  necessary  facilities  for  that  puipose 
within  a  time  to  be  fixed  in  the  bond;  and  any  bieach  of 
the  provisions  thereof  shall  be  deemed  a  forfeiture  of  all 
rights  accruing  under  and  by  virtue  of  this  Title  (14.  S., 
5570-5578].  This  section  shall,  however,  be  suspended  in 
relation  to  all  persons  who  have  complied  with  the  provi- 
sions of  this  Title,  for  five  years  from  and  afti-r  the  four- 
teenth day  of  July,  eighteen  hundred  and  seventy  two. 

The  introduction  of  guano  from  such  islands,  rocks,  or    k  s.,5575. 
keys,  shall  be  regulate*!  as  in  the  coasting  trade  between 
dirterent  parts  of  the  United  States,  and  the  same  laws 
shall  govern  the  vessels  concerned  therein. 

All  acts  done,  and  offenses  or  crimes  committed,  on  any  i-s.,5576. 
such  island,  rock,  or  key,  by  persons  who  may  land  thereon, 
or  in  the  waters  adjacent  thereto,  shall  be  deemed  com- 
mitted on  the  high  seas,  on  board  a  merchant  ship  or  ves- 
sel belonging  to  the  United  States;  ami  shall  be  punished 
according  to  the  laws  of  the  United  States  relating  to  such 
ships  or  vessels  and  offenses  on  the  high  seas,  which  laws 
for  the  purpose  aforesaid  are  extended  over  such  islands, 
rocks,  and  keys. 

The  President  is  authorized,  at  his  discretion,  to  employ    '-s.,5577. 
the  laud  and  naval  forces  of  the  United  States  to  protect 
the  rights  of  the  discoverer  or  of  his  widow,  heir,  executor, 
administrator,  or  assigns. 

Nothing  in  this  Title  [R.  S.,  5570-5578]  contained  shall    i:.s.,55T8. 
be  construed  as  obliging  the  United  States  to  retain  pos- 
session of  the  islands,  rocks,  or  keys,  after  the  guano  shall 
have  been  removed  from  the  same. 


Part  XLIIL— MISCELLANEOUS. 


381.  Life-saving  medals. 

382.  Rescuing  shipwrecked  American 

seanit'ii. 

383.  School  ships. 

384.  Instruction  in  shipbuilding. 

385.  Naval  .Militia. 

386.  North  Atlantic  fisheries. 


387.  Special    privih^ga    for   foreign   war 

vessels. 

388.  Navy  ration. 

389.  Pro))osed  maritime  canals. 

390.  Coal  and  war  materials. 

391.  Mines,  torpedoes,    and   harbor   de- 

fenses. 


Juuo  20,  1874. 
Sec.  7. 


May  4,  1882. 
Sec.  9. 


368 


381.  Life-saving  medals. 

The  Secretary  of  the  Treasury  is  hereby  directed  to  cause 
to  be  prepared  medals  of  honor,  witli  suitable  devices,  to 
be  distinguished  as  life  saving  medals  of  the  first  aud  sec 
ond  class,  which  shall  be  bestowed  upon  any  persons  who 
shall  hereafter  endanger  their  own  lives  in  saving,  or 
endeavouring  to  save  lives  from  perils  of  the  sea,  within 
the  United  States,  or  upon  any  American  vessel:  Frovidal, 
That  the  medal  of  the  first  class  shall  be  confined  to  cases 
of  extreme  aud  heroic  daring;  and  that  the  medal  of  the 
second  class  shall  be  given  in  cases  not  suflQciently  distin- 
guished to  deserve  the  medal  of  the  first  class :  Provided,, 
also,  That  uo  award  of  either  medal  shall  be  made  to  any 
persou  until  sufficient  evidence  of  his  deserving  shall  have 
been  filed  with  the  Secretary  of  the  Treasury  and  entered 
upon  the  records  of  the  Department. 

The  life-saving  medals  of  the  first  and  second  class 
authorized  by  the  provisions  of  the  seventli  section  of  the 
act  of  July  twentieth,  eighteen  hundred  and  seventy-four, 
shall  be  hereafter  designated  as  the  gold  and  silver  life- 
saving  medal  respectively,  and  any  person  who  has  received 
©r  may  hereafter  receive  either  of  said  medals  under  the 
provisions  of  said  section,  or  the  twelfth  section  of  the  act 
of  June  eighteenth,  eighteen  hundred  and  seventy-eight, 
and  who  shall  again  perform  au  act  which  would  entitle 
him  to  a  medal  of  the  same  class  under  said  i)i()visions, 
shall  receive,  and  tlie  Secretary  of  the  Treasury  is  hereby 
authorized  to  award,  in  lieu  of  a  second  medal,  a  bar,  suit- 
ably inscribed,  of  the  same  metal  as  the  medal  to  whicii 
said  person  would  be  entitled,  to  be  attached  to  a  ribbon 
of  such  description  as  the  Secretary  of  the  Treasury  may 
prescribe,  wliich  may  be  fastened  to  the  medal  already  be- 
stowed upon  said  person ;  and  for  every  such  additional  act 
an  additional  bar  may  be  added.  And  the  Secretary  of  the 
Treasury  is  hereby  authorized,  in  his  discretion,  whenever 
any  i)erson  becomes  entitled  to  a  bar  representing  a  gold 
medal,  to  award  him,  in  addition  to  said  bar,  such  token  as 


PART    XLIII. MISCELLANEOUS.  3(!9 

it  is  customary  to  award  in  ackuowledgment  of  tho  serv- 
ices of  masters  and  crews  of  forei.un  vessels  in  rescuin«( 
American  citizens  from  shipwreck. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to    Ju.i..  ik,  isvs 
bestow  the  life-saving  nvedal  of  the  second  class  upon  ])er-    s.m.iu. 
sons  making-  such  signal  exertions  in  rescuing  and  succor- 
ing the  shipwrecked,  and  saving  i)ersons  from  drowning, 
as,  in  his  opiuion,  shall  merit  such  recognition. 

So  mu<!h  of  the  acts  relating  to  the  Life  Saving  Service  .i:.m.ji,i897. 
approved  June  twentieth,  eighteen  liundred  and  seventy- 
four,  Juue  eighteenth,  eighteen  hundred  and  seventy-eight, 
and  May  fourth,  eighteen  hundred  and  eighty-two,  as  pro- 
vide for  the  award  of  life-saving  medals  shall  be  construed 
so  as  to  empower  the  Secretary  of  the  Treasury  to  bestow 
such  medals  upon  persons  making  signal  exertions  in  rescu- 
ing and  succoring  the  sliipwrecked  and  saving  i)crsons  from 
drowning  in  the  waters  over  Avhich  the  TTnited  States  has 
jurisdiction,  whether  the  said  persons  making  such  exer- 
tions were  or  were  not  members  of  a  life-saving  crew,  or 
whether  or  not  such  exertions  were  made  in  the  vicinity  of 
a  life-saving  station. 

382.  Rescuing  shipwrecked  American  seamen. 

.  Expenses  which  may  be  incurred  in  the  acknowledgment    F.i-n,  ison. 
of  the  services  of  masters  and  crews  of  foreign  vessels  in 
rescuing  American  seamen  or  citizens  from  shipwreck,  four 
thousand  five  hundred  dollars. 

383.  School-ships. 

The  Secretary  of  the  Navy,  to  promote  nautical  educa-  •thhp  20, 1874, 
tion,  is  hereby  authorized  and  empowered  to  furnish,  upon 
the  application  in  writing  of  the  Governor  of  the  State,  a 
suitable  vessel  of  the  Navy,  with  all  her  apparel,  charts, 
books,  and  instruments  of  navigation,  provided  the  same 
can  be  spared  without  detriment  to  the  naval  service,  to  be 
used  for  the  benefit  of  any  nautical  school,  or  school  or 
college  having  a  nautu;al  branch,  established  at  each  or  any 
of  the  ports  of  New  York,  iJoston,  Philadelphia,  Baltimore, 
Norfolk,  Wilmington,  Mobile,  (Charleston,  New  Orleans,  Mar.a.issi. 
Savannah,  Baton  l^ouge,  in  Narragansett  Bay,  and  San 
Francisco,  upon  the  condition  that  there  shall  be  main- 
tained, at  such  port,  a  school  or  branch  of  a  school  for  the 
instruction  of  youths  in  navigation,  steamship,  nnirine 
enginery  and  all  matters  pertaining  to  the  proi)er  construc- 
tion, equipment  and  sailing  of  vessels  or  any  particular 
branch  thereof. 

And  the  President  of  the  United  States  is  hereby  author- 
ized, when  in  his  opinion  the  same  can  bedone  without  det- 
riment to  the  public  service,  to  detail  proper  officers  of  the 
Navy  as  superintendents  of,  or  instructors  in,  such  schools : 

Provided,  That  if  any  such  school  shall  be  discontinued, 
or  the  good  of  the  naval  service  shall  require,  such  vessel 
shall  be  iiuuiediately  restored  to  the  Secretary  of  the  Navy, 
and  the  officers  so  detailed  recalled: 
NAV  9':»,  PT   2 24 


370  PART    XLIII. ]\riS(^ELLANEOUS. 

And  xnovided further^  That  no  persou  shall  be  sentenced 
to  or  received  at,  such  schools  as  a  puuishinent  or  comrau- 
tation  of  puiiishnieut  for  crime. 

384.  Instruction  in  shipbuilding. 

Feb. 20,  i87f).  j^qf  the  purpose  of  promoting  a  knowledge  of  steam- 
engineerino'  and  iron-ship  bnilding  among  the  young  men 
of  tlie  Tnited  States,  the  President  may,  ui)on  the  applica- 
tion of  an  established  scientific  school  or  coHege  within  the 
United  States,  detail  an  otlicer  from  the  Engineer  Cori)s  of 
the  Navy  as  ])rofessor  in  such  school  or  college: 

Provided,  That  the  number  of  officers  so  detailed  shall 
not  at  any  time  exceed  twenty-tive,  and  such  details  shall 
be  governed  by  rules  to  be  prescribed  from  time  to  time  by 
the  President: 

And  2)  >' or  id  ed  further,  That  such  details  may  be  withheld 
or  withdrawn  whenever,  in  the  judgment  of  the  President, 
the  interests  of  the  public  service  shall  so  require. 

385.  Naval  Militia. 

Aug.  3,1894.  The  Secretary  of  the  Navy  is  hereby  authorized  and 
empowered  to  loan  temporarily  to  any  State,  upon  the 
written  application  of  the  governor  thereof,  a  vessel  of 
the  Navy,  to  be  selected  from  such  vessels  as  are  not  suita 
ble  or  required  for  general  service,  together  with  such  of 
her  apparel,  charts,  books,  and  instruments  of  navigation 
as  he  may  deem  proper;  said  vessel  to  be  used  only  by  the 
regularly  organized  naval  militia  of  the  State  for  the  pur- 
I)Oses  of  drill  and  instruction:  Provided,  That  when  the 
organization  of  the  naval  militia  of  such  State  sliall  be 
abandoned,  or  when  the  interests  of  tlie  naval  service  shall 
so  require,  such  vessel,  together  with  her  apparel,  charts, 
books,  and  instruments  of  navigation,  shall  be  immediately 
restored  to  the  custody  of  the  Secretary  of  the  Navy :  And 
provided  furtlwr,  That  when  such  loan  is  made  to  the  gov- 
ernor of  any  State,  the  Secretary  of  the  Navy  is  authorized 
to  detail  from  the  cnli-ted  force  of  tlie  Navy  a  sufficient 
number  of  men,  not  exceeding  six  for  any  vessel,  as  shi[)- 
keepers,  the  men  so  detailed  to  be  additional  to  the  number 
of  enlisted  men  allowed  by  law  for  the  naval  establishment, 
and  in  making  details  for  this  service  preference  shall  be 
given  to  those  men  who  have  served  twenty  years  or  more 
in  the  Navy. 

Mar.3, i80!».  For  arms,  accouterments,  signal  outfits,  boats  and  their 
equipments,  and  the  ]>rinting  of  the  necessary  books  of 
instruction  for  the  Naval  Militia  of  the  various  States, 
under  such  regulations  as  the  Secretary  of  the  Navy  may 
prescribe,  sixty  thousand  dollars. 

386.  North  Atlantic  fisheries. 

Mar.3,1883.  lu  the  judgment  of  Congress,  the  provisions  of  articles 
numbered  eighteen  to  twenty-five,  inclusive,  and  of  article 
thirty  of  the  treaty  between  the  United  States  and  Her 
Britannic  Majesty,  for  an  amicable  settlement  of  all  causes 


PART    XLIII. MISCELLANEOUS.  371 

of  differeuce  between  tbo  two  countries,  eoncliulod  at  Wash- 
ington on  the  eighth  day  of  Miiy,  anno  Domini  eighteen 
hundred  and  seventy  one,  ought  to  be  terminated  at  the 
earliest  possible  time,  and  be  no  longer  in  force;  and  to  this 
end  the  President  be,  and  he  hereby  is,  directed  to  give 
notice  to  the  (iovernment  of  Her  Uritannic  Majesty  that 
the  i)rovision8  of  each  and  every  of  the  articles  aforesaid 
will  terminate  and  be  of  no  force  on  the  expiration  of  two 
years  next  after  the  time  of  giving  such  notice. 

The  President  be,  and  he  hereby  is,  directed  to  give  and    seo.2. 
communicate  to  the  Government  of  Her  Britannic  Majesty 
such  notice  of  such  termination  on  tlie  first  <lay  of  July, 
anno  Domini  eighteen  hundred  ami  eighty-three,  or  as  soon 
thereafter  as  may  be. 

On  and  after  the  expiration  of  the  two  years' time  re<juired  sec.3. 
by  said  treaty,  each  and  every  of  said  articles  shall  be 
deemed  and  held  to  have  expired  and  be  of  no  force  and 
effect,  and  every  department  of  the  Government  of  the 
United  States  shall  execute  the  laws  of  the  I'nited  States 
(in  the  premises)  in  the  same  manner  and  to  the  same 
effect  as  if  said  articles  had  never  been  in  force;  and 
the  act  of  Congress  approved  March  first,  anno  Domini 
eighteen  hundred  and  seventy  three,  entitled  "An  act  to 
carry  into  effect  the  provisions  of  the  treaty  between  the 
United  States  and  Great  Britain,  signed  in  the  city  of 
Washington  the  eighth  day  of  May,  eighteen  hundred  and 
seventy-one,  relating  to  the  fisheries,"  so  far  as  it  relates 
to  the  articles  of  s;iid  treaty  so  to  be  terminated  shall  be 
and  stand  repealed  and  be  of  no  force  on  and  after  the  time 
of  the  expiration  of  said,  two  years. 

387.  Special  privilege  for  foreign  war  vessels. 

The  privilege  of  i)urchasing  supx)lies  from  the  public  r.s.,2982. 
warehouses  duty  free,  shall  be  extended,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  shall  prescril)e,  to 
the  vessels  of  war  of  any  luition  in  xwrts  of  the  United 
States  which  may  reciprocate  such  jji-ivilege  toward  the 
vessels  of  war  of  the  United  States  in  its  xjorts. 

388.  Navy  ration. 

The  Navy  ration  shall  consistof  the  following  daily  allow-  li  s.,i58c 
anceof  i)rovisions  to  each  person:  One  pound  of  salt  pork, 
with  half  a  pint  of  beans  or  peas;  or  one  pound  of  salt 
beef,  with  half  a  pound  of  flour  and  two  ounces  of  dried 
apples,  or  other  dried  truit;  or  three-(juarters  of  a  pound 
of  preserved  meat,  with  alialf  ])ound  of  rice,  two  oum-esof 
butter,  and  one  ounce  of  desiccated  "  mixed  \egetables;" 
or  three-(iuarters  of  a  i)oun(l  of  preserved  meat,  two  ounces 
of  butter,  and  two  ounces  of  desiccated  potatoes;  together 
with  fourteen  ounces  of  biscuit,  one  quarter  of  an  ounce  of 
tea,  or  oneounceof  colfee  or  cocoa,  and  two  ounces  of  sugar; 
and  a  weekly  allowance  of  Inilf  a  pint  of  pickles,  half  a  pint 
of  molasses,  and  half  a  pint  of  x'inegar. 


372  PART    XLIII. MISCELLANEOUS. 

R.s.,1581.  The  followiug  substitutiou   lor  the  coinpouents  of  the 

ration  uiay  be  made  when  it  is  deemed  necessary  by  the 
senior  ollicer  present  in  command:  i^'or  one  pound  of  salt 
beef  or  pork,  one  pound  and  a  quarter  of  fresh  meat  or 
three-quarters  of  a  pound  of  preserved  meat;  for  any  or  all 
of  the  articles  usually  issued  with  the  salted  meats,  vege- 
tables equal  to  the  same  in  value;  for  fourteen  ounces  of 
biscuit,  one  pound  of  soft  bread,  or  one  pound  of  ilour,  or 
half  pound  of  rice;  for  half  a  pint  of  beans  or  peas, half  a 
pound  of  rice,  and  for  half  a  ])ound  of  rice,  half  a  pint  of 
beans  or  peas.  And  the  Secretary  of  the  Navy  may  sub- 
stitute for  the  ration  of  coffee  and  sugar  the  extract  of 
coffee  combined  with  milk  and  sugar,  and  six  ounces  of 

May  3, 1880.  desiccatcd  tomatoes  for  two  ounces  of  desiccated  potatoes 
if  he  shall  believe  such  substitution  to  be  conducive  to  the 
health  and  comfort  of  the  Navy,  and  not  to  be  more  expen- 
sive to  the  Government  than  the  present  ration:  Provided^ 
That  the  same  shall  be  acceptable  to  the  men. 

389.  Proposed  maritime  canals. 

Mar. 3, 1899.  The  President  of  the  United  States  of  America  be  and 

Sec. 3.  ]^g  lg  hereby  authorized  and  empowered  to  make  full  and 

complete  investigation  of  the  Isthmus  of  Tanama  with 
a  view  to  the  construction  of  a  canal  by  the  United  States 
across  the  same  to  connectthe  Atlantic  and  Pacific  oceans; 
That  the  President  is  authorized  to  make  investigation  of 
any  and  all  practicable  routes  for  a  canal  across  said  Isth- 
mus of  Panama,  and  particularly  to  investigate  the  two 
routes  known  respectively  as  the  Nicaraguan  route  and  the 
Panama  route,  with  a  view  to  determining  the  most  practi- 
cable and  feasible  route  for  such  canal  together  with  the 
proximate  and  probable  cost  of  constructing  a  canal  at  each 
of  two  or  more  of  said  routes:  And  the  President  is  fur- 
ther authorized  to  investigate  and  ascertain  what  rights, 
privilej^esaud  franchises  if  any  may  be  held  and  owned  by 
any  corporations,  associations  or  individuals,  and  what 
work,  if  any,  has  been  done  by  such  corporations,  associa- 
tions or  individuals  in  the  construction  of  a  canal  at  either 
or  any  of  said  routes,  and  particularly  at  the  so  called 
Mcaraguan  and  Panama loutes  respectively;  and  likewise 
to  ascertain  the  cost  of  purchasing  all  of  the  rights,  privi- 
leges and  franchises  held  and  owned  by  any  such  corpora- 
tions, associations  and  individuals  in  any  and  all  of  such 
routes,  particularly  the  said  Nicaraguan  route  and  the  said 
Panama  route;  and  likewise  to  ascertain  the  probable  or 
proximate  cost  of  constructing  a  suitable  harbor  at  each  of 
the  termini  of  said  canal,  with  the  probable  annual  cost  of 
maintenance  of  said  harbors  resi)ectively.  And  generally 
the  President  is  authorized  to  make  such  full  and  complete 
investigation  as  to  determine  the  most  feasible  and  practi- 
cable route  across  said  Isthmus  for  a  canal,  together  with 
the  cost  of  constructing  the  same  and  ])lacing  the  same 
under  the  control,  management  and  ownershif*  of  the 
United  States. 

Sec. 4.  To  enable  the  President  to  make  the  investigations  and 

ascertainments  herein  provided  for,  he  is  hereby  authorized 


PART  xLiii. — mis(;ellaneous.  373 

to  employ  in  said  service  any  of  the  engineers  of  the  United 
States  army  at  his  discretion,  and,  likewise  to  employ  any 
enjiineers  iii  civil  life,  at  his  discretion,  and  any  other  per- 
sons necessary  to  make  such  investigation,  and  to  11  x  the 
compensation  of  auy  and  all  of  such  engineers  and  other 
persons. 

For  the  ]uirpose  of  defraying  the  expenses  necessary  to  snc.5. 
be  incurred  in  making  the  investigations  herein  provided 
for.  there  is  hereby  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  ai)proi)riated,  the  sum  of  one  mil- 
lion dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 
disbursed  by  order  of  the  President. 

The  President  is  hereby  requested  to  report  to  Con-    ^^'^■^■ 
gress  the  results  of  such  investigations,  together  with  his 
recommendations  in  the  premises. 

The  PresidenD  of  the  United  States  is  authorized  to  Mar. 2,1895. 
appoint,  immediately  after  the  passage  of  this  Act,  three 
persons,  who  shall  have  power  to  meet  and  confer  with  any 
similar  committee  which  may  be  appointed  by  the  Govern- 
ment of  Great  Britain  or  of  the  Dominion  of  Canada,  and 
who  vshall  make  inquiry  and  report  whether  it  is  feasible  to 
build  such  canals  as  shall  enable  vessels  engaged  in  ocean 
commerce  to  pass  to  and  fio  between  the  Great  Lakes  and 
the  Atlantic  Ocean,  with  an  adequate  and  controllable  sup- 
ply of  water  for  continual  use;  where  such  canals  can  be 
most  conveniently  located,  the  probable  cost  of  the  same, 
with  estimates  in  detail ;  and  if  any  part  of  the  same  should 
be  built  in  the  territory  of  Canada,  what  regulations  or 
treaty  arrangements  will  be  necessary  between  the  United 
States  and  Great  Britain  to  preserve  the  free  use  of  such 
canal  to  the  people  of  this  country  at  all  times;  and  all 
necessary  facts  and  considerations  relating  to  the  construc- 
tion and  future  use  of  deep-water  channels  between  the 
Great  Lakes  and  tlie  Atlantic  Ocean.  The  persons  so 
appointed  shall  serve  without  compensation  in  any  form, 
but  they  shall  be  pai<l  their  actual  traveling  and  other  nec- 
essary expenses,  notexceediiig  in  all  ten  thousand  dollars,  for 
which  purpose  the  said  sum  of  ten  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  is  hereby  api)ro- 
priated.  The  President  may,  in  his  discretion,  detail  as 
one  of  such  persons  an  officer  of  the  Army  or  Navy. 

390.  Coat  and  war  materials. 

The  President  is  hereby  authorized,  in  his  discretion,  and     M"-. 22,1898. 
with  such  limitations  and  exceptions  as  shall  seem  to  him 
expedient,  to  prohibit  the  export  of  coal  or  other  material 
used  in  war  from  any  seaport  of  the  Lhiited  States  until 
otherwise  ordered  by  the  President  or  by  Congress. 

391.  Mines,  torpedoes,  and  tiarbor  defenses. 

Any  person  who  shall  willfully,  wantonly,  or  maliciously    .Tniy  7,  i898. 
trespass  upon,  injure,  or  destroy  any  of  the  works  or  pro])erty 
or  material  of  any  submarine  mine  or  torpedo,  or  fortitlca- 
tion  or  harbor-defense  system  owned  or  constructed  or  in 


374  PART    XLIII. MISCELLANEOUS. 

process  of  construction  by  the  United  States,  or  shall  -will- 
fully or  maliciously  interfere  with  the  operation  or  use  of 
any  such  submarine  mine,  torpedo,  Ibrtilication,  or  harbor- 
defense  system,  or  shall  knowingly,  willfully  or  wantoidy 
violate  any  regulation  of  the  War  Department  that  has 
been  made  for  the  protection  of  such  mine,  torpedo,  fortifi- 
cation or  harbor  defense  system  shall  be  i)unished,  on  con- 
viction thereof  in  a  district  court  of  the  United  States  for 
the  district  in  which  the  offense  is  committed,  by  a  tine  of 
not  less  than  one  hundred  nor  more  than  tive  thousand  dol- 
lars, or  with  imprisonment  for  a  term  not  exceeding  five 
years,  or  with  both,  in  the  discretion  of  the  court. 

Sec.  2.  When  any  ofi^ense  is  committed  in  any  place,  jurisdic- 

tion over  which  has  been  retained  by  the  United  States 
or  ceded  to  it  by  a  State,  or  which  has  been  purchased 
with  the  consent  of  a  State  for  the  erection  of  a  fort,  mag- 
azine, arsenal,  dockyard,  or  other  needful  building  or  struc- 
ture, the  punishment  for  which  offense  is  not  provided  for 
by  any  law  of  the  United  States,  tlie  person  committing 
such  offense  shall,  upon  conviction  in  a  circuit  or  district 
court  of  the  United  States  for  the  district  in  which  the 
offense  was  committed,  be  liable  to  and  receive  the  same 
punishment  as  the  laws  of  the  State  in  which  such  place  is 
situated  now  provide  for  the  like  offense  when  committed 
within  the  jurisdiction  of  such  State,  and  the  said  courts 
are  hereby  vested  with  jurisdiction  for  such  puri)Ose;  and 
no  subsefjuent  repeal  of  any  such  State  law  shall  affect  any 
such  prosecution. 


Part  XLIV.— LEGAL  PROCEDURE. 


392.   Seizure.  |  393.  Sniniiiary  trial. 

392.  Seizure. 

Proceedings  on  seizures,  for  forfeiture  under  any  law  of  k  s.,7;i4 
the  United  States,  made  on  the  high  seas  may  be  pi-ose- 
cuted  in  any  district  into  which  the  property  so  seized  is 
brought  and  proceedings  instituted.  Proceedings  on  such 
seizures  made  witliiu  any  district  shall  be  i)rosecuted  in 
the  district  where  the  seizure  is  made,  except  in  cases 
where  it  is  otherwise  provided. 

When  any  vessel,  goods,  wares,  or  merchandise  are  k.  s.,92:j. 
seized  by  an  officer  of  the  customs,  and  prosecuted  for 
forfeiture  by  virtue  of  any  law  respecting  the  revenue,  or 
the  registering  or  recording,  or  the  enrolling  ami  licensing 
of  vessels,  the  court  shall  cause  fourteen  days'  notice  to  be 
given  of  such  seizure  and  libel,  by  causing  the  substance 
of  such  libel,  with  the  order  of  the  court  thereon,  setting 
forth  the  time  and  place  ap]>ointed  for  trial,  to  be  inserted 
in  soDie  newspaper  published  near  the  place  of  seizure,  and 
by  posting  up  the  same  in  the  most  i)ub]ic  manner  for  the 
space  of  fourteen  days,  at  or  near  the  place  of  trial;  and 
proclamation  shall  be  made  in  such  manner  as  the  court 
shall  direct.  And  if  no  person  appears  and  claims  such 
vessel,  goods,  wares,  or  merchandise,  and  gives  bond  to 
delend  the  prosecution  thereof  and  to  respond  the  cost  in 
case  he  shall  not  support  his  claim,  the  court  shall  proceed 
to  hear  and  determine  the  cause  according  to  law. 

All  vessels,  goods,  wares,  or  merchandise  which  shall  be  k.  s.,939. 
condemned  by  virtue  of  any  law  respecting  tlie  revenue  from 
imports  or  tonnage,  or  the  registering  and  recording, or  the 
enrolling  or  licensing  of  vessels,  and  for  which  bonds  shall 
not  have  been  given  by  the  claimant,  shall  be  sold  by  the 
marshal  or  other  ])roper  officer  of  the  court  in  which 
condemnation  shall  be  had,  to  the  highest  bidder,  at  public 
auction,  by  order  of  such  court,  and  at  such  ])lace  as  the 
court  may  appoint,  giving  at  least  fifteen  days'  notice  (ex- 
cept in  cases  of  i)erishable  merchandise)  in  one  or  more  of 
the  public  newsi)apers  of  the  place  where  such  sale  shall 
be;  or  if  no  paper  is  published  in  such  place,  in  one  or  more 
of  the  papers  published  in  tlie  nearest  ]dace  thereto;  for 
which  advertising,  a  sum  not  exceeding  live  dollars  shall 

375 


376  PART    XLIV. I,EGAL    PROCEDURE. 

be  paid.  And  the  amount  of  such  sales,  deducting  all 
proper  cliar.yes,  shall  be  paid  within  ten  days  after  such 
sale  by  the  person  selling-  the  same  to  the  clerk  or  other 
proper  ofticer  of  the  court  direcitiiig  such  sale,  to  be  by  him, 
after  deducting  the  charges  allowed  by  the  court,  paid  to 
the  collector  of  the  district  in  which  such  seizure  or  forfei- 
ture has  taken  place,  as  hereinbefore  directed. 

R.s.,940.  lu  any  cause  of  admiralty  and  maritime  jurisdiction,  or 

other  case  of  seizure,  depending  in  any  court  of  the  United 
States,  any  judge  of  the  said  court,  in  vacation,  shall  have 
the  same  authority  to  order  any  vessel,  or  cargo,  or  other 
property  to  be  delivered  to  the  claimants,  upon  bail  or 
bond,  or  to  be  sold  when  necessary,  as  the  said  court  has 
in  term  time,  and  to  appoint  appraisers,  and  exercise  every 
other  incidental  xwwer  necessary  to  the  complete  execution 
of  the  authority  herein  granted;  and  the  recognizance  of 
bail  or  bond,  under  such  order,  nsay  be  executed  before 
the  clerk  upon  the  party's  producing  the  certificate  of  the 
collector  of  the  district,  of  the  suitlciency  of  the  security 
offered ;  and  the  same  i^roceedings  shall  be  had  in  the  case 
of  said  order  of  delivery  or  of  sale,  as  are  had  in  like  cases 
when  ordered  in  term  time:  I'rorided,  That  upon  every 
such  application,  either  for  an  order  of  delivery  or  of  sale, 
the  collector  and  the  attorney  of  the  district  shall  have 
reasonable  notice  in  cases  of  the  United  States,  and  the 
party  or  counsel  in  all  other  cases. 

E.s.,970.  When,  in  any  prosecution  commenced  on  account  of  the 

seizure  of  any  vessel,  goods,  wares,  or  merchandise,  made 
by  any  collector  or  other  officer,  under  any  act  of  Congress 
authorizing  such  seizure,  judgment  is  rendered  for  the 
claimant,  but  it  appears  to  the  coui't  that  there  was  reason- 
able cause  of  seizure,  the  conrt  shall  cause  a  proper  certifi- 
cate thereof  to  be  entered,  and  the  claimant  shall  not,  in 
such  case,  be  entitled  to  costs,  nor  shall  the  person  who 
made  the  seizure,  nor  the  prosecutor,  be  liable  to  suit  or 
judgment  on  account  of  sncli  suit  or  i)rosecution :  Provided, 
That  the  vessel,  goods,  wares,  or  merchandise  be,  after 
judgment,  forthwith  returned  to  such  claimant  or  -his 
agent. 

R.s.,071  If^  in  any  suit  against  an  officer  or  other  person  execut- 

ing or  aiding  or  assisting  in  the  seizure  of  goods,  under 
any  act  ])roviding  for  or  regulating  the  collection  of  duties 
on  imports  or  tonnage,  the  plaintiff  is  nonsuited,  or  judg- 
ment i)asseil  ^against  him,  the  defendant  shall  recover 
double  costs. 

R.s.,978.  When  proceedings  are  had  before  a  court  of  the  United 

States  or  of  the  Territories,  on  several  libels,  against  any 
vessel  and  cargo,  which  might  legally  be  joined  in  one  libel, 
there  shall  not  be  allowed  thereon  more  costs  than  on  one 
libel,  unless  special  cause  for  libeling  the  vessel  and  cargo 
separately  is  satisfactorily  shown  on  motion  in  open  court. 
Andln  proceedings  on  several  libels  or  in  formations  against 
any  cargo,  or  parts  of  cargo,  or  merchandise  seized  as  for 
feited  for  the  same  cause,  there  shall  not  be  allowed  more 


PART    XLIV. — LE(iAL    PKOCEDURE.  377 

costs  than  would  be  lawful  on  oiio  libel  or  information, 
whatever  may  be  the  number  of  owners  or  eoiisifiiiees  tlicrein 
concerned.  J>ut  allowance  may  be  made  on  one  libel  or 
information  for  the  costs  incidental  to  several  claims. 

When  judgment  is  rendered  in  favor  of  the  claimant  of   k.  S..879. 
any  vessel  or  other  property  seized  on  behalf  of  tlie  United 
States,  and  libeled  or  informed  against  as  forfeited  under 
any  law  thereof,  he  shall  be  entitled  to  possession  of  the 
same  when  his  own  costs  are  paid. 

393.  Summary  trial. 

Whenever  a  complaint  vshall  be  inade  against  any  mas-  R.s.,4300. 
ter,  officer,  or  seaman  of  any  vessel  belonging,  in  whole  or 
in  part,  to  any  citizen  of  the  United  States,  of  the  commis- 
sion of  any  offense,  not  capital  or  otherwise  infamous, 
against  any  law  of  the  United  States  made  (or  the  i)rotec- 
tiou  of  persons  or  property  engaged  in  commerce  or  navi- 
gation, it  shall  be  the  duty  of  the  district  attorney  to  inves- 
tigate the  same,  and  the  general  nature  thereof,  and  if,  in 
his  opinion,  the  case  is  such  as  should  be  summarily  tried, 
he  shall  report  the  same  to  the  district  judge,  and  the  judge 
shall  forthwith,  or  as  soon  as  the  ordinary  business  of  the 
court  will  permit,  proceed  to  try  the  cause,  and  for  that 
purpose  may,  if  necessary,  hold  a  si)ecial  session  of  the 
court,  either  in  term  time  or  vacation. 

At  the  summary  trial  of  offenses  against  the  laws  for  the  R.s.,4301. 
protection  of  persons  or  property  engaged  in  commerce  or 
navigation,  it  shall  not  be  necessary  that  the  accused  shall 
have  been  previously  indicted,  but  a  statement  of  com- 
plaint, verified  by  oath  in  writing,  shall  be  presented  to 
the  Court,  setting  out  the  offense  in  such  manner  as  clearly 
to  apprise  the  accused  of  the  character  of  the  offense  com- 
plained of,  and  to  enable  him  to  answer  the  complaint.  The 
complaint  or  statement  shall  be  read  to  tlie  accused,  who 
may  plead  to  or  answer  the  same,  or  nuike  a  counter  state- 
ment. The  trial  shall  thereupon  be  ])rocet'ded  with  in  a 
summary  manner,  and  tlie  case  shall  be  decided  by  the 
court,  unless,  at  1:he  time  for  pleading  or  answering,  the 
accused  shall  demand  a  jury,  in  which  case  the  trial  shall 
be  upon  the  comi^laint  and  plea  of  not  guilty. 

It  shall  be  lawful  for  the  court  to  allow  the  district  attor-  K.s.,4302. 
ney  to  amend  liis  statement  of  com])hiint  at  any  stage  of 
the  proceedings,  before  verdict,  if,  in  the  opinion  o^  the 
court,  such  amendment  will  worlv  no  in  jnstice  to  tlie  accused ; 
and  if  it  appears  to  the  court  that  the  accused  is  unprepared 
to  meet  the  charge  as  amended,  and  that  an  adjournment 
of  the  cause  will  promote  the  ends  of  justice,  such  adjourn- 
ment shall  be  made,  until  a  further  day,  to  be  fixed  by  the 
court. 

At  the  trial  in  summary  cases,  if  by  jury,  the  United    k.  s.,4303. 
States  and  the  accused  shall  each  be  entitled  to  three  per- 
emptory challenges.     Challenges  for  cause,  in  such  ca8«^s, 
shall  be  tried  by  the  court  without  the  aid  of  triers. 


378  PART  XLIV. LEGAL  PKOCEDURE. 

II.  s.,  4304.  It  shall  not  be  lawful  for  tlie  court  to  sentence  any  jierson 

convicted  in  such  trial  to  any  greater  punishment  than 
imprisonment  in  jail  for  one  year,  or  to  a  fine  exceeding 
five  hundred  dollars,  or  both,  in  its  discretion,  in  those  cases 
where  the  laws  of  the  United  States  authorize  such  imi^ris- 
onment  and  fine. 

E.s.,4305.  ^]2  the  penalties  and  forfeitures  which  may  be  incurred 

for  offenses  against  this  Title  [R.  S.,  4131-4305 1  may  be 
sued  lor,  ])rose('uted,  and  recovered  in  such  court,  and  be 
disposed  of  in  such  manner,  as  any  penalties  and  forfeitures 
which  may  be  incurred  for  offenses  against  the  laws  relating 
to  the  collection  of  duties,  except  when  otherwise  expressly 
prescribed. 


Part  XLV.— CRIMES. 


394.  Place  of  trial. 

395.  Mulder  and  manslaughter. 

396.  K;ipe. 

397.  A.'isanlt. 

398.  Ill  treatment  of  crew. 

399.  JMayhem. 

400.  Seduction. 

401.  Larceny. 

402.  Wrecking. 

394.  Place  of  trial 

The  trial  of  all  offenses  committed  upon  the  high  seas  or    k.s.,73o. 
elsewhere,  out  of  the  jurisdiction  of  any  ])articular  State  or 
district,  shall  be  in  the  district  where  the  offender  is  fouud, 
or  into  which  he  is  first  brought. 


403.  Mutiny. 

404.  riundcring  vessel. 

405.  AbaudouHient  of  seaman. 

406.  Barratry. 

407.  Arson. 

408.  Misprision  of  felony. 

409.  Miscellaneous  otVcnscs. 

410.  Crimes  on  the  Great  Lakes. 

411.  Forgery. 


395.  Murder  and  manslaughter. 

Every  person  who  commits  murder —  R.s.,5339. 

First.  Within  any  fort,  arsenal,  dock-yard,  magazine,  or 
in  any  other  place  or  district  of  country  under  the  exclu- 
sive jurisdiction  of  the  United  States; 

Second.  Or  upon  the  high  seas,  or  in  any  arm  of  the  sea, 
or  in  any  river,  haA^en,  creek,  basin,  or  bay  within  the 
admiralty  and  maritime  jurisdiction  of  the  United  States, 
and  out  of  the  jurisdiction  of  any  particular  State; 

Third.  Or  who  upon  any  such  waters  maliciously  strikes, 
stabs,  wounds,  poisons,  or  shoots  at  any  other  person,  of 
which  striking,  stabbing,  wounding,  poisoning,  or  shooting 
such  other  person  dies,  either  on  land  or  at  sea,  within  or 
without  the  United  States,  shall  suffer  death. 

The  court  before  which  any  i)erson  is  convicted  of  mur-  R.s.,5340 
der,  may,  in  its  discretion,  add  to  the  judgment  of  death, 
that  the  body  of  the  offender  be  delivered  to  a  surgeon  for 
dissection;  and  the  marshal  who  executes  such  judgment 
shall  deliver  the  body,  after  execution,  to  such  surgeon  as 
the  court  may  direct;  and  such  surgeon,  or  some  person 
by  him  appointed,  shall  receive  and  take  away  the  body  at 
the  time  of  execution. 

Every  person  who,  within  any  of  the  places  or  upon  any 
of  the  waters  described  in  section  fifty-three  hundred  and 
thirty-nine,  unlawfully  or  wilfully,  but  without  malice, 
strikes,  stabs,  wounds,  or  shootw  at,  or  otherwise  injures 
another,  of  whi(;h  striking,  stabbing,  wounding,  shooting, 
or  other  injury  such  other  person  dies,  either  on  land  or 

379 


R.  S.,  5341. 


380  PART    XLV. CRIMES. 

sea,  witliin  or  witliont  the  United  States,  is  s'ui^ty  of  tlie 
crime  of  manslaughter. 

R.  s.,5342.  Every  person  who,  within  any  of  the  places  or  upon  any 

of  the  waters  described  in  section  fifty-three  hundred  and 
thirty  nine,  attempts  to  commit  the  crime  of  murder  or 
manslaughter,  by  any  means  not  constituting  the  offence 
of  assault  witli  a  dangerous  weapon,  sliall  be  punished  by 
imprisonment,  with  or  without  hard  labor,  not  more  than 
three  years,  and  by  a  fine  of  not  more  than  one  thousand 
dollars. 

R.  s.,5343.  The  punishment  of  manslaughter  shall  be  imprisonment, 

Mar.3, 1875.     with  Or  without  hard  labor,  not  more  than  ten  years,  and 

by  a  fine  of  not  more  than  one  thousand  dollars,  except  as 

otherwise  specially  provided  by  law. 

R.s.,5344.  Every  captain,  engineer,  pilot,  or  other  person  employed 

on  any  steamboat  or  vessel,  by  whose  misconduct,  negli- 
gence, or  inattention  to  his  duties  on  such  vessel,  the  life 
of  any  person  is  destroyed,  aud  every  owner,  inspector,  or 
other  public  officer,  through  whose  fraud,  connivance,  mis- 
conduct, or  violation  of  law,  the  life  of  any  person  is 
destroyed,  shall  be  deemed  guilty  of  manslaughter,  and, 
upon  conviction  thereof  before  any  circuit  court  of  the 
United  States,  shall  be  sentenced  to  confinement  at  hard 
labor  for  a  period  of  not  more  than  ten  years. 

396.  Rape. 

R.  s.,5:i45.  Every  person  who,  within  any  of  the  places  or  upon  any 

of  the  waters  specified  in  section  fifty-three  hundred  and 
thirty-nine,  commits  the  crime  of  rape  shall  suffer  death. 

397.  Assault. 

R.  s.,  534G.  Every  person  who,  upon  the  high  seas,  or  in  any  arm  of 

the  sea,  or  in  any  river,  haven,  creek,  basin,  or  bay,  within 
the  admiralty  jurisdiction  of  the  United  States,  and  out  of 
the  jurisdiction  of  any  particular  state,  on  board  any  vessel 
belonging  in  w^hole  or  in  part  to  the  United  States,  or  any 
citizen  thereof,  with  a  dangerous  weapon,  or  with  intent  to 
perpetrate  any  felony,  commits  an  assault  on  another  shall 
be  punished  by  a  fine  of  not  more  than  three  thousand 
dollars,  and  by  imimsonment  at  hard  labor  not  more  than 
three  years. 

398.  ///  treatment  of  crew. 

R.  s.,  5347.  Every  master  or  other  officer  of  an  American  vessel  on 

Mar.3, 1897.     ^]jg  jjjg],  ^g^^^  qj.  qjj  j^jjy  otlicr  waters  within  the  admiralty 
^^°'    '  and  maritimejurisdiction  of  the  United  States,  who,  without 

justifiable  cause,  beats,  wounds,  or  imprisons  any  of  the 
crew  of  such  vessel  or  withholds  from  them  suitable  food 
and  nourishment,  or  infiicts  upon  them  any  cruel  and 
unusual  punishment,  shall  be  punished  by  a  fine  of  not  more 
Dec. 21, 1893  than  one  thousand  dollars,  or  by  imprisonment  not  more 
sec.22.  than  five  years,  or  by  both.     [Nothing  herein  contained 

shall  be  construed  to  repeal  or  modify  section  forty-six  hun- 
dred and  eleven  of  the  lievised  Statutes.] 


PART    XLV. CRIMES.  381 

399.  Mayhem. 

Every  person  wlio,  witliiii  any  of  the  i)laces  npon  tlie  us.  .■-.348. 
land  under  the  exclusive  Jurisdiction  of  the  United  States, 
or  who,  upon  the  liigli  seas,  in  any  vessel  belon^in*;-  to  tlie 
United  States,  or  to  any  citizen  thereof,  maliciously  cuts 
off  the  ear,  cuts  out  or  disables  the  tongue,  puts  out  an 
eye,  slits  the  nose,  cuts  oft"  the  nose  or  \\\),  or  cuts  off  or 
disables  any  limb  or  member  of  any  person,  with  intent  to 
maim  or  disfigure  such  ])ersou,  shall  he  imprisoned  at  hard 
labor  not  more  than  seveu  years,  and  lined  not  more  thau 
one  thousand  dollars. 

400.  Seduction. 

Every  master,  officer,  seaman,  or  other  person  employed  r  s.,5349. 
on  board  of  any  American  vessel  who,  during  the  voyage, 
under  promise  of  marriage,  or  by  threats,  or  the  exercise  of 
authority,  or  solicitation,  or  the  making  of  gifts  or  pres- 
ents, seduces  and  has  illicit  connection  with  any  female 
passenger,  shall  be  punished  by  imprisonment  not  more 
than  twelve  months,  or  by  a  fine  of  not  more  than  one 
thousand  dollars;  but  subsequent  intermarriage  of  the 
parties  may  be  pleaded  in  bar  of  conviction. 

When  any  person  is  convicted  under  the  provisions  of   R.s.,5350. 
the  preceding  section,  the  court  may,  in  its  discretion,  by 
an  order  entered  on  its  minutes,  direct  the  amount  of  the 
fine,  when  imposed  and  collected,  to  be  paid  for  the  use  of 
the  female  seduced  or  her  child,  if  she  have  any. 

No  conviction  shall  be  had  on  the  testimony  of  the  female    R.  s.,  5351. 
seduced,  without  other  evidence,  nor  unless  the  indictment 
is  found  within  one  year  after  the  arrival  of  the  vessel  on 
which  the  offense  was  committed  at  the  port  for  which  it 
was  destined. 

401.  Larceny. 

Every  person  who,  upon  the  high  seas,  or  in  any  place  K.s.,5356. 
under  the  exclusive  jurisdiction  of  the  United  States,  takes 
and  carries  away,  with  intent  to  steal  or  purloin,  the  per- 
sonal goods  of  another,  shall  be  punished  by  a  tine  of  not 
more  than  one  thousand  dollars,  or  by  imprisonment  not 
more  than  one  year,  or  by  both  such  tine  and  imprisonment. 

Every  person  who,  upon  the  high  sens,  or  in  anyplace  iJS.,5357. 
under  the  exclusive  jurisdiction  of  the  United  States,  buys, 
receives,  or  conceals  any  money,  goods,  bank-notes,  or  other 
thing  which  may  be  the  subject  of  larceny,  and  which  has 
been  feloniously  taken  or  stolen  from  any  other  person, 
knowing  the  same  to  have  been  taken  or  stolen,  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars, 
and  by  imprisonment  at  hard  labor  not  more  than  three 
years. 

402.  Wrecking. 

Every  person  who  plunders,  steals,  or  destroys  any  money,    r.  s.,  5353. 
goods,  merchandise,  or  other  effects,  from  or  belonging  to 
any  vessel  in  distress,  or  wrecked,  lost,  stranded,  or  cast 


382  PART    XLV. CRIMES. 

away,  upon  tlie  sea,  or  upon  any  reef,  shoal,  bank,  or  rocks 
of  the  sea,  or  in  any  other  place  within  the  admiralty  and 
maritime  jurisdiction  of  the  United  States;  and  every  per- 
son who  willfully  obstructs  the  escape  of  any  ])erson  en 
deavoring  to  save  his  life  from  such  vessel,  or  the  wieck 
thereof;  and  every  person  who  holds  out  or  shows  any  false 
light,  or  extinguishes  any  true  light,  with  intent  to  bring 
any  vessel,  sailing  upon  the  sea,  into  danger,  or  distress, 
or  shipwreck,  shall  be  punished  by  a  tine  of  not  more  than 
five  thousand  dollars,  and  imprisoned  at  hard  labor  not 
more  than  ten  years. 

403.  Mutiny. 

E.s.,5359.  If  any  one  of  the  crew  of  any  Anierican  vessel  on  the 

high  seas,  or  otlier  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  United  States,  endeavors  to  make 
a  revolt  or  mutiny  on  board  such  vessel,  or  combines,  con- 
spires, or  confederates  with  any  other  person  on  board  to 
make  such  revolt  or  mutiny,  or  solicits,  incites,  or  stirs  up 
any  other  of  the  crew  to  disobey  or  resist  the  lawful  orders 
of  the  master,  or  other  ofticer  of  such  vessel,  or  to  refuse  or 
neglect  their  proper  duty  on  board  thereof,  or  to  betray  their 
proper  trust,  or  assembles  with  others  in  a  tumultuous  and 
mutinous  manner,  or  makes  a  riot  on  board  thereof,  or  un- 
lawfully confines  the  master,  or  other  commanding  ofticer 
thereof,  he  shall  be  punished  by  a  tine  of  not  more  than 
one  thousand  dollars,  or  by  imprisonment  not  more  than 
five  years,  or  by  both  such  fine  and  imprisonment. 

E.s.,5360.  If  any  one  of  the  crew  of  an  Ameritian  vessel  on  the  high 

seas,  or  on  any  other  waters  within  the  admiralty  and  mari- 
time jurisdiction  of  the  United  States,  unlawfully  and  with 
force,  or  by  fraud,  or  intimidation,  usurps  the  couimaud  of 
such  vessel  from  the  master  or  other  lawful  officer  in  com- 
mand thereof,  or  deprives  him  of  authority  and  comnuind 
on  board,  or  resists  or  prevents  him  in  the  free  and  lawful 
exercise  thereof,  or  transfers  such  authority  and  command 
to  another  not  lawfully  entitled  thereto,  he  is  guilty  of  a 
revolt  and  mutiny,  and  shall  be  punished  by  a  fine  of  not 
more  than  two  thousand  dollars,  and  by  imprisonment  at 
hard  labor  not  more  than  ten  years. 

404.  Plundering  vessel. 

R.s.,5361.  Every  person  who,  upon  the  high  seas,  or  in  any  arm  of 

the  sea,  or  in  any  river,  haven,  creek,  basin,  or  bay,  within 
the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  and  out  of  the  jurisdiction  of  any  particular  State, 
by  surprise  or  by  open  force,  maliciously  attacks  or  sets 
upon  any  vessel  belonging  to  another,  with  an  intent  to 
unlawfully  plunder  the  same,  or  to  despoil  any  owner 
thereof  of  any  moneys,  goods,  or  merchandise  laden  on 
board  thereof  shall  be  punished  by  a  fine  of  not  more  than 
five  thousand  dollars,  and  by  imprisonment  at  hard  labor 
not  more  than  ten  years. 

R.s.,5362.  Every  person  who,  upon  the  high  seas,  or  in  any  other 

of  the  places  mentioned   in  the  preceding  section,  with 


PART    XLV. ClUMES.  383 

intent  to  commit  any  felony,  breaks  or  enters  any  vessel, 
or  maliciouslj''  cuts,  si)oils,  or  destroys  any  cor(la.u('.  cable, 
buoj's,  buoy-rope,  head-fast,  or  other  fast  fixed  to  the 
anchor  or  moorings  bclouoing  to  any  vessel,  sliall  be  pun- 
ished by  a  fiue  of  not  more  than  one  thousand  dolhirs,  and 
by  imprisonment  at  hard  labor  not  more  than  five  years. 

405.  Abandonment  of  seaman. 

Every  master  or  commander  of  any  vesvsel  belonging,  in  it.  s., r.:t63. 
whole  or  part,  to  any  cilizen  of  the  United  States,  wiio, 
during  his  being  abroad,  maliciously  and  without  justifi- 
able cause  forces  any  ol'licer  or  nuiriner  of  such  vessel  on 
shore,  in  order  to  leave  him  beliind  in  any  foreign  port  or 
place,  or  refuses  to  bring  liome  again  all  such  officers  and 
mariners  of  such  vessel  whom  he  carried  out  with  him  as 
are  in  a  condition  to  return  and  willing  to  return,  when  he 
is  ready  to  proceed  on  his  homeward  voyage,  shall  be  i)un- 
ished  by  a  tine  of  not  more  than  five  hundred  dollars,  or 
by  imprisonment  not  more  than  six  months. 

406.  Barratry. 

Every  person  who,  on  the  high  seas,  or  within  the  Cnited  ^^-  ^-.5364. 
States,  willfully  and  corruptly  conspires,  combines,  and  con- 
federates with  any  other  person,  such  other  person  being 
either  within  or  without  the  United  States,  to  cast  away 
or  otherwise  destroy  any  vessel,  with  intent  to  injure  any 
person  that  may  have  underwritten  or  may  thereafterward 
underwrite  any  policy  of  insurance  thereon  or  on  goods  on 
board  thereof,  or  with  intent  to  injure  any  person  that  has 
lent  or  advanced,  or  may  lend  or  advance,  any  money  on 
such  vessel  on  bottomry  or  respondentia;  and  every  person 
who,  within  the  United  States,  builds,  or  fits  out,  or  aids 
in  building  and  fitting  out,  any  vessel  with  intent  that  the 
same  be  cast  away  or  destroyed  with  the  intent  hereinbe- 
fore mentioned, shall  be  punished  by  a  fine  of  not  more  than 
ten  thousand  dollars,  and  by  imprisonment  at  hard  labor 
not  more  than  ten  years. 

Every  person  who,  on  the  high  seas,  willfully  and  cor-  K.s.,5305. 
ruptly  casts  away  or  otherwise  destroys  any  vessel  of  Ang.e.isw. 
which  he  is  owner,  in  whole  or  part,  with  intent  to  preju- 
dice any  iierson  that  may  underwrite  any  policy  of  insur- 
ance thereon,  or  any  merchant  that  nuiy  have  gODds 
thereon,  or  any  other  owner  of  such  vessel,  shall  be  i)un- 
ished  by  imprisonment  for  life,  or  for  any  term  of  years. 

Every  person,  not  being  an  owner,  who,  on  the  high  seas,    U.S..5306. 
willfully  and  corruptly  casts  away  or  otherwise  destroys    Aug.e,  1894. 
any  vessel  to  which  lie  belongs,  being  the  property  of  any 
citizen,  shall  be  punished  by  imprisonment  for  life,  or  for 
any  term  of  years. 

407.  Arson. 

Kvery  person,  not  being  an  owner,  who,  on  the  high  seas,    'H- «-.  "c?. 
willfully,  with  intent  to  destroy  the  same,  sets  fire  to  any 
vessel,  or  otherwise  attempts  the  destruction  thereof,  being 


384  PART    XLV. CRIMES. 

the  property  of  any  citizen,  shall  suffer  imprisonment  at 
hard  labor  for  a  term  not  more  than  ten  years  nor  less  than 
three  years. 

B.  s.,  5385.  Every  person  who,  within  any  fort,  dock-yard,  navy-yard, 

arsenal,  armory,  or  magazine,  the  site  whereof  is  under  the 
jurisdiction  ofthe  United  States,  or  on  the  site  of  any  light 
house,  or  other  needful  building  belonging  to  the  United 
States,  the  site  whereof  is  under  tlieir  jurisdiction,  willfully 
and  maliciously  burns  any  dwelling-house,  or  mansion- 
house,  or  any  store,  barn,  stable,  or  other  building,  parcel 
of  any  dwelling  or  mansion-house,  shall  suffer  death. 

E.  s.,  5386.  Every  person  who,  in  any  of  the  places  mentioned  in  the 

preceding  section,  maliciously  sets  lire  to,  or  burns,  any 
arsenal,  armory,  magazine,  rope-walk,  ship-house,  ware- 
house, block  house,  or  barrack,  or  any  store  house,  barn,  or 
stable,  not  parcel  of  a  dwelling-house,  or  any  other  build- 
ing not  mentioned  in  such  section,  or  any  vessel  built,  or 
begun  to  be  built,  or  repairing,  or  any  light-house,  or  beacon, 
or  any  timber,  cables,  rigging,  or  other  materials  for  build- 
ing, repairing,  or  fitting  out  vessels,  or  any  pile  of  wood, 
boards,  or  other  lumber,  or  any  military,  naval,  or  victual- 
ing stores,  arms,  or  other  munitions  of  war,  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  thousand  dollars,  and 
by  imprisonment  at  hard  labor  not  more  than  ten  years. 

R.  s.,  5387.  Ev^ery  person  who  maliciously  sets  on  fire,  or  burns,  or 

otherwise  destroys,  any  vessel  of  war  of  the  United  States, 
afloat  on  the  high  seas,  or  in  any  arm  of  the  sea,  or  in  any 
river,  haven,  creek,  basin,  or  bay  within  the  admiralty  juris- 
diction of  the  United  States,  and  out  of  the  jurisdiction  of 
any  particular  State,  shall  suffer  death. 

408.  Misprision  of  felony. 

R.  s.,  53'jo.  Every  person  who,  having  knowledge  of  the  actual  com- 

mission of  the  crime  of  murder  or  other  felony  ui^ou  the 
high  seas,  or  within  any  fort,  arsenal,  dock-yard,  magazine, 
or  other  place  or  district  of  country  under  the  exclusive 
jurisdiction  of  the  United  States,  conceals,  and  does  not  as 
soon  as  may  be  disclose  and  make  known  the  same  to  some 
one  of  the  judges  or  other  persons  in  civil  or  military 
authority  under  the  United  States,  is  guilty  of  misprision 
of  felony,  and  shall  be  imprisoned  not  more  than  three 
years,  and  fined  no  more  than  five  hundred  dollars. 

409.  Misce/ianeous  offenses. 

R.  s.,  53'ji.  If  any  offense  be  committed  in  any  place  which  has  been 

or  may  hereafter  be,  ceded  to  and  under  the  jurisdiction 
of  the  United  States,  which  offense  is  not  prohibited,  or  the 
punishment  thereof  is  not  specially  provided  for,  by  any 
law  of  the  United  States,  such  offense  shall  be  liable  to, 
and  receive,  the  same  punishment  as  the  laws  of  the  State 
in  which  such  place  is  situated,  now  in  force,  provide  for 
the  like  offense  when  committed  within  the  jurisdiction  of 


PART    XLV. CRniES.  385 

such  state;  and  no  subsequeut  repeal  of  auy  such  State 
law  shall  affect  any  prosecution  for  such  offense  in  any 
court  of  the  United  States. 

410.  Crimes  on  the  Great  Lakes. 

Every  person  who  shall,  upon  any  vessel  registered  or  scpt. 4.  isoo. 
enrolled  under  the  laws  of  the  United  States,  and  being 
on  a  voyage  upon  the  waters  of  any  of  the  Great  Lakes, 
namely,  Lake  Superior,  Lake  Michigan,  Lake  Huron,  Lake 
Saint  Clair,  Lake  Erie,  Lake  Ontario,  or  any  of  the  waters 
connecting  anj^  of  the  said  lakes,  commit  or  be  guilty  of 
any  of  the  acts,  neglects,  or  omissions,  respectively,  men- 
tioned in  chapter  three  [R.  S.,  5339-5391]  of  title  seventy 
of  the  Eevised  Statutes  of  the  United  States  shall,  uj^on 
conviction  thereof,  be  punished  with  the  same  punishments 
in  the  said  title  and  chapter,  respectively,  affixed  to  the 
same  offenses  therein  mentioned,  respectively. 

The  circuit  and  district  courts  of  the  United  States,  Sec.2. 
respectively,  are  hereby  vested  with  the  same  jurisdiction 
in  respect  of  the  offenses  mentioned  in  the  first  section  of 
this  act  that  they  by  law  have  and  possess  in  respect  of  the 
offenses  in  said  chapter  and  title  in  the  first  section  of  this 
act  mentioned,  and  said  courts,  respectively,  are  also  for 
the  purpose  of  this  act  vested  with  all  and  the  same  juris- 
diction they,  respectively,  have  by  force  of  title  thirteen, 
chapter  three  [R.  S.,  563-571],  and  title  thirteen,  chai)ter 
seven  [R.  S.,  029-657],  of  the  Revised  Statutes  of  the  United 
States. 

411.  Forgery. 

If  any  person  falsely  makes,  forges,  counterfeits,  or  alters  r.  s.,  5423. 
any  instrument  in  imitation  of,  or  purporting  to  be  an 
abstract  or  official  copy,  or  certificate  of  the  recording,  reg- 
istry, or  enrollment  of  any  vessel,  in  the  office  of  any  col- 
lector of  the  customs,  or  a  license  to  any  vessel,  for  carry- 
ing on  the  coasting  trade,  or  fisheries  of  the  United  States, 
or  a  certificate  of  ownersliip,  ])ass,  passport,  sea-letter,  or 
clearance,  granted  for  any  vessel,  under  the  authority  of 
the  United  States,  or  a  iiernnt,  debenture,  or  other  official 
document,  granted  by  any  collector  or  other  officer  of  the 
customs,  by  virtue  of  his  office;  or  passes,  utters,  or  pub- 
lishes, or  attempts  to  pass,  utter,  or  publish,  as  true,  any 
such  false,  forged,  counterfeited,  or  falsely  altered  instru- 
ment, abstract,  official  copy,  certificate,  license,  pass,  pass- 
port, sea-letter,  clearance,  permit,  debenture,  or  other  otticial 
document  herein  specified,  knowing  the  same  to  be  false, 
forged,  counterfeited,  or  falsely  altered,  with  an  intent  to 
defraud,  he  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars  and  by  imprisonment  at  hard  labor 
not  more  than  three  years. 
NAV  99,  PT  2 25 


Part  XLVI.— PIRACY. 


412.  Piracy.  |  413.  Crimes  deemed  piracy. 

412.  Piracy. 

R.s.,4293.  The  President  is  authorized  to  employ  so  many  of  the 

imblic  armed  vessels  as  in  his  Judgment  the  service  may 
require,  with  suitable  instructions  to  tlie  commanders 
thereof  in  protecting  the  merchant  vessels  of  the  United 
States  and  their  crews  from  piratical  aggressions  and 
depredations. 

E.s.,4294  The  President  is  authorized  to  instruct  the  commanders 

of  the  public  armed  vessels  of  the  United  States  to  subdue, 
seize,  take,  and  send  into  any  port  of  the  United  States, 
any  armed  vessel  or  boat,  or  any  vessel  or  boat,  the  crew 
whereof  shall  be  armed,  and  which  shall  have  attempted 
or  committed  any  piratical  aggression,  search,  restraint, 
depredation,  or  seizure,  upon  any  vessel  of  the  United 
States,  or  of  the  citizens  thereof,  or  ui)on  any  other  vessel; 
and  also  to  retake  any  vessel  of  the  United  States,  or  its 
citizens,  which  may  have  been  unlawfully  captured  upon 
the  high  seas. 

B,.s.,4295.  The  commander  and  crew  of  any  merchant- vessel  of  the 

United  States,  owned  wholly,  or  in  part,  by  a  citizen 
thereof,  may  oppose  and  defend  against  any  aggression, 
search,  restraint,  depredation,  or  seizure,  which  shall  be 
attempted  upon  such  vessel,  or  upon  any  other  vessel  so 
owned,  by  the  commander  or  crew  of  any  armed  vessel 
whatsoever,  not  being  a  public  armed  vessel  of  some  nation 
in  amity  with  the  United  States,  and  may  subdue  and  cap- 
ture the  same;  and  may  also  retake  any  vessel  so  owned 
which  may  have  been  captured  by  the  commander  or  crew 
of  any  such  armed  vessel,  and  send  the  same  into  any  port 
of  the  United  States. 

R.s.,4296  Whenever  any  vessel,  which  shall  have  been  built,  pur- 

chased, fitted  out  in  whole  or  in  part,  or  held  for  the  purpose 
of  being  employed  in  the  commission  of  any  piratical  aggres- 
sion, search,  restraint,  depredation,  or  seizure,  or  in  the  com- 
mission of  any  other  act  of  piracy  as  defined  by  the  law  of 
nations,  or  from  which  any  piratical  aggression,  search, 
restraint,  depredation,  or  seizure  shall  have  been  first 
attempted  or  made,  is  captured  and  brought  into  or  cap- 
tured in  any  port  of  the  United  States,  the  same  shall  be 
adjudged  and  condemned  to  their  use,  and  that  of  the  cap- 
tors after  due  process  and  trial  in  any  court  having  admi- 
386 


PART    XLVI. PIRACY.  387 

ralty  Jurisdictiou,  and  which  shall  be  holdeii  for  the  district 
into  which  such  captured  vessel  shall  bo  brought;  and  the 
same  court  shall  thereupon  order  a  sale  and  distribution 
thereof  accordingly,  and  at  its  discretion. 

Any  vessel  built,  purchased,  fitted  out  in  whole  or  in  ]^s..4297. 
part,  or  held  for  the  purpose  of  being  employed  in  tlie  coni- 
uiission  of  any  piratical  aggression,  search,  restraint,  dep- 
redation, or  seizure,  or  in  the  commission  of  any  other  act 
of  piracy,  as  delined  by  the  law  of  nations,  shall  be  liable 
to  be  captured  and  brought  into  any  port  of  the  United 
States  if  found  upon  the  high  seas,  or  to  be  seized  if  found 
in  port  or  place  within  the  United  States,  whether  the  same 
shall  have  actually  sailed  upon  any  i)iratical  expedition  or 
not,  and  whether  any  act  of  piracy  shall  have  been  com- 
mitted or  attempted  upon  or  from  such  vessel  or  not;  and 
any  such  vessel  may  be  adjudged  and  condemned,  if  cap- 
tured by  a  vessel  authorized  as  hereinafter  mentioned,  to 
the  use  of  the  United  States  and  to  that  of  the  captors, 
and  if  seized  by  a  collector,  surveyor,  or  marshal,  then  to 
the  use  of  the  United  States. 

The  President  is  authorized  to  instruct  the  commanders  k.s.,4298. 
of  the  public  armed  vessels  of  the  United  States,  and  to 
authorize  the  commanders  of  any  other  armed  vessels  sail- 
ing under  the  authority  of  any  letters  of  marque  and 
reprisal  granted  by  Congress,  or  the  commanders  of  any 
other  suitable  vessels,  to  subdue,  seize,  take,  and,  if  on  the 
high  seas,  to  send  into  any  port  of  the  United  States,  any 
vessel  or  boat  built,  purchased,  fitted  out,  or  held  as  men- 
tioned in  the  preceding  section. 

The  collectors  of  the  several  ports  of  entry,  the  survey-  K.s.,4299. 
ors  of  the  several  ports  of  delivery,  and  the  marshals  of 
the  several  judicial  districts  within  the  United  States, 
shall  seize  any  vessel  or  boat  built,  purchased,  fitted  out, 
or  held  as  mentioned  in  section  forty-two  hundred  and 
ninety- seven,  which  may  be  found  within  their  respective 
ports  or  districts,  and  to  cause  the  same  to  be  proceeded 
against  and  disposed  of  as  provided  by  that  section. 

413.  Crimes  deemed  piracy. 

Every  person  who,  on  the  high  seas,  commits  the  crime  of    n.  s.,  5368. 
piracy  as  defined  by  the  law  of  nations,  and  is  afterward 
brought  intoorfound  inthe United  States,  shall  sutler  death. 

Every  seaman  who  lays  violent  hands   upon  his   com-    k.s.,5369. 
mander,  thereby  to  hinder  and  i)revent  his  fighting  in 
defense  of  his  vessel  or  the  goods  intrusted  to  him,  is  a 
pirate,  and  shall  suffer  death. 

Every  person  who,  upon  the  high  seas,  or  in  any  open  road-    R-  s.,  5370. 
stead,  or  in  any  haven,  basin,  or  bay,  or  in  any  river  where 
the  sea  ebbs  and  flows,  commits  the  crime  of  robbery,  in  or 
upon  any  vessel,  or  upon  any  ship's  company  of  any  vessel, 
or  the  lading  thereof,  is  a  pirate,  and  shall  suffer  death. 

Every  person  engaged  in  any  piratical  cruise  or  enter-    ^s-.ssti. 
prise,  or  being  of  the  crew  of  any  piratical  vessel,  who  lauds 


388  PART    XLYI. PIRACY. 

from  such  vessel  and  on  shore  commits  robbery,  is  a  pirate, 
and  shall  suffer  death. 

ii.s.,5372.  Every  person  who  commits  upon  the  high  seas,  or  in  any 

river,  harbor,  basin,  or  bay,  out  of  the  jurisdiction  of  any 
particular  State,  murder  or  robbery,  or  any  other  offense 
which,  if  committed  within  the  body  of  a  county,  would  be 
punishable  with  death  by  the  laws  of  the  United  States,  is 
a  pirate,  and  shall  suffer  death. 

E.s.,5373.  Every  citizen  who  commits  any  murder  or  robbery,  or 

any  act  of  hostility  against  the  United  States,  or  against 
any  citizen  thereof,  on  the  high  seas,  under  color  of  any 
commission  from  any  foreign  prince,  or  state,  or  on  pretense 
of  authority  from  any  person,  is,  notwithstanding  the  pre- 
tense of  such  authority,  a  pirate,  and  shall  suffer  death. 

E.  s.,  5374.  Every  subject  or  citizen  of  any  foreign  state,  who  is  found 

and  taken  ou  the  sea  making  war  upon  the  United  States, 
or  cruising  against  the  vessels  and  property  thereof,  or  of 
the  citizens  of  the  same,  contrary  to  the  provisions  of  any 
treaty  existing  between  the  United  States  and  the  state  of 
which  offender  is  a  citizen  or  subject,  when  by  such  treaty 
such  acts  are  declared  to  be  piracy,  is  guilty  of  piracy,  and 
shall  suffer  death. 

E.  s.,  5383.  Every  captain,  other  officer,  or  mariner,  of  a  vessel  on  the 

high  seas,  or  on  any  other  waters  within  the  admiralty  and 
maritime  jurisdiction  of  the  Dnited  States,  who  piratically  . 
or  feloniously  runs  away  with  such  vessel,  or  with  any  goods 
or  merchandise  thereof,  to  the  value  of  fifty  dollars,  or  who 
yields  up  such  vessel  voluntarily  to  any  pirate,  shall  be  fined 
not  more  than  ten  thousand  dollars,  or  imprisoned  at  hard 
labor  not  more  that  ten  years,  or  both. 

E.  s.,  5384.  If  any  person  attempts  or  endeavors  to  corrupt  any  com- 

mander, master,  officer,  or  mariner  to  yield  up  or  to  run 
away  with  any  vessel,  or  any  goods,  wares,  or  merchan- 
dise, or  to  turn  x)irate,  or  to  go  over  to  or  confederate  with 
pirates,  or  in  any  wise  to  trade  with  any  pirate,  knowing 
him  to  be  such,  or  furnishes  such  pirate  with  any  ammuni- 
tion, stores,  or  provisions  of  any  kind,  or  fits  out  any  ves- 
sel knowingly  and  with  a  design  to  trade  with,  supply,  or 
correspond  with  any  pirate  or  robber  upon  the  seas ;  or  if 
any  person  consults,  combines,  confederates,  or  corresponds 
with  any  pirate  or  robber  upon  the  seas,  knowing  him  to  be 
guilty  of  any  piracy  or  robbery;  or  if  any  seaman  confines 
the  master  of  any  vessel,  he  shall  be  imprisoned  not  more 
than  three  years,  and  fined  not  more  than  one  thousand 
dollars. 


Part  XLVIL— SLAVE  TRADE. 


414.  Slave  trade. 

No  person  shall,  for  liimself,  or  for  another,  as  master,  K.s.,5551 
factor,  or  owner,  build,  lit,  equij),  load,  or  otherwise  pre- 
pare any  vessel,  in  any  port  or  ])lace  within  the  jurisdiction 
of  the  United  States,  or  cause  any  vessel  to  sail  from  any 
port  or  place  within  the  jurisdiction  of  the  same,  for  the 
purpose  of  procuring  any  negro,  mulatto,  or  person  of  color, 
from  any  ibreign  kingdom,  place,  or  country,  to  be  trans- 
ported to  any  port  or  i)lace  whatsoever,  to  be  held,  sold,  or 
otherwise  disposed  of,  as  a  slave,  or  to  be  held  to  service 
or  labor;  and  every  vessel  so  built,  fitted  out,  equipped, 
laden,  or  otherwise  prepared,  with  her  tackle,  apparel,  fur- 
niture, and  lading,  shall  be  forfeited,  one  moiety  to  the  use 
of  the  United  States,  and  the  other  to  the  use  of  the  person 
who  sues  for  the  forfeiture,  and  prosecutes  the  same  to 
effect. 

Every  person  so  building,  fitting  out,  equipping,  loading,  r.  s.,  5552 
or  otherwise  prei)aring  or  sending  away  any  vessel,  know- 
ing or  intending  tliat  the  same  shall  be  employed  in  such 
trade  or  business,  contrary  to  the  provisions  of  the  iirecediug 
section,  or  any  ways  aiding  or  abetting  therein,  shall,  be- 
sides the  forfeiture  of  the  vessel,  pay  the  sum  of  two  thou- 
sand dollars;  one  moiety  thereof  to  the  use  of  the  United 
States,  and  the  other  moiety  thereof  to  the  use  of  the  per- 
son who  sues  for  and  prosecutes  the  same  to  effect. 

Every  vessel  employed  in  carrying  on  the  slave-trade,  r. s.,5553. 
or  on  which  is  received  or  transported  any  negro,  mulatto, 
or  person  of  color,  from  any  foreign  kingdom  or  country,  or 
from  sea,  for  the  purpose  of  holding,  selling,  or  otherwise 
disposing  of  such  person  as  a  slave,  or  of  hoUling  such 
person  to  service  or  labor,  shall,  together  with  her  tackle, 
apparel,  furniture,  and  the  goods  and  effects  which  may 
be  found  on  board,  or  which  may  have  been  imported 
thereon  in  the  same  voyage,  be  forfeited;  one  moiety  to 
the  United  States,  and  the  other  to  tlie  use  of  the  person 
who  sues  for  and  prosecutes  the  forfeiture  to  effect. 

If  any  citizen  of  the  United  States  takes  on  board,  re-    11.  s., 5554. 
ceives,  or  transports  any  negro,  mulatto,  or  ])erson  of  color, 
for  the  purpose  of  selling  such  ])erson  as  a  slave,  ho  shall, 
ill  addition  to  the  forfeiture  of  the  vessel,  i)ay  for  each  per- 
son, so  received  on  board  or  transported,  the  sum  of  two 

389 


390  PART  XLYII. 8LAVE  TRADE. 

hundred  dollars,  to  be  recovered  in  any  court  of  the  United 
States;  the  one  moiety  thereof  to  the  use  of  the  United 
States,  and  the  other  moiety  to  the  use  of  the  person  who 
sues  for  and  prosecutes  the  same  to  effect. 

R.s.,5555.  Every  vessel  which  is  found  in  any  river,  port,  bay,  or 

harbor,  or  on  the  high  seas,  within  the  jurisdictional  limits 
of  the  United  States,  or  hovering  on  the  coasts  thereof,  and 
having  on  board  any  negro,  mulatto,  or  person  of  color, 
with  intent  to  sell  such  person  as  a  slave,  or  with  intent  to 
land  the  same  for  that  i)urpose,  either  in  the  United  States 
or  elsewhere,  shall,  together  with  her  tackle,  apparel,  fuini- 
ture,  and  the  goods  or  effects  on  board  of  her,  be  forfeited 
to  the  United  States. 

R.  s.,  5556.  It  shall  be  unlawful  for  any  citizen  of  the  United  States,  or 

other  person  residing  within  them,  directly  or  indirectly  to 
hold  or  have  any  right  or  property  in  any  vessel  employed 
or  made  use  of  in  the  transportation  or  carrying  of  slaves 
from  one  foreign  country  or  place  to  another,  and  any  such 
right  or  property  shall  be  forfeited,  and  may  be  libeled 
and  condemned  for  the  use  of  the  person  suing  for  the 
same;  and  every  person  transgressing  the  prohibition  of 
this  section  shall  also  forfeit  and  pay  a  sum  of  money  equal 
to  double  the  value  of  his  right  or  property  in  such  vessel; 
and  shall  also  forfeit  a  sum  of  money  equal  to  double  the 
value  of  the  interest  he  had  in  the  slaves,  which  at  any 
time  may  be  transported  or  carried  in  such  vessel. 

R.s.,5557.  The  President  is  authorized,  when  he  deems  it  expedient, 

to  man  and  employ  any  of  the  armed  vessels  of  the  United 
States  to  cruise  wherever  he  may  judge  attempts  are  mak- 
ing to  carry  on  the  slave-trade,  by  citizens  or  residents  of 
the  United  States,  in  contravention  of  laws  prohibitory  of 
the  same;  and,  in  such  case,  he  shall  instruct  the  com- 
manders of  such  armed  vessels  to  seize,  take,  and  bring 
into  any  port  of  the  United  States,  to  bei)roceeded  against 
according  to  law,  all  American  vessels,  wheresoever  found, 
which  may  have  on  board,  or  which  may  be  intended  for 
the  purpose  of  taking  on  board,  or  of  transporting,  or  may 
have  transported  any  negro,  mulatto,  or  person  of  color, 
in  violation  of  the  provisions  of  any  act  of  Congress  pro- 
hibiting the  trafic  in  slaves. 

R.  s.,  5558.  The  proceeds  of  all  vessels,  their  tackle,  apparel,  and  fur- 

niture, and  the  goods  and  effects  on  board  of  them,  which 
are  so  seized,  prosecuted,  and  condemned,  shall  be  divided 
equally  between  the  United  States  and  the  officers  and  men 
who  seize,  take,  or  bring  the  same  into  i)ort  for  condem- 
nation, whether  such  seizure  be  made  by  an  armed  vessel  of 
the  United  States  or  revenue  cutter  thereof;  and  the  same 
shall  be  distributed  as  is  provided  by  law  for  the  distribu- 
tion of  i)rizes  taken  from  an  enemy. 

R.s.,5559.  The  officers  and  men,  to  be  entitled  to  one-half  of  the 

proceeds  mentioned  in  the  last  section,  shall  safely  keep 
every  negro,  mulatto,  or  person  of  color,  found  on  board  of 
any  vessel  so  seized,  taken,  or  brought  into  port,  for  con- 
demnation, and  shall  deliver  every  such  negro,  mulatto,  or 


PART    XLVII. i^LAVE    TRADE.  391 

person  of  color,  to  the  inarslml  of  the  district  into  which 
he  may  be  brought,  if  into  a  i)ort  of  tlie  I'nited  States,  or 
if  elsewhere,  to  such  person  as  may  be  lawfully  appointed 
by  the  President,  in  the  manner  directed  bylaw;  trans- 
mitting to  the  l*resident,  as  soon  as  may  be  after  such 
delivery,  a  descriptive  list  of  such  negroes,  mulattoes,  or 
persons  of  color,  in  order  that  he  may  give  directions  for 
the  disposal  of  them. 

The  commanders  of  such  commissioned  vessels  shall  '-'^•.oseo. 
cause  to  be  apprehended,  ami  talcen  into  custody,  every 
person  found  on  board  of  such  otfeuding  vessel,  so  seized 
and  taken,  being  of  the  officers  or  crew  thereof,  and  him 
convey,  as  soon  as  conveniently  may  be,  to  the  civil  author- 
ity of  the  United  iStates,  to  be  proceeded  against  in  due 
course  of  law. 

The  President  is  authorized  to  make  such  regulations  and  '^  ^  •  ^^^^• 
arrangements  as  he  may  deem  expedient  for  the  safe-keep- 
ing, support,  and  removal  beyond  the  limits  of  the  United 
States,  of  all  such  negroes,  mulattoes,  or  persons  of  color, 
as  may  be  delivered  and  brought  within  their  jurisdiction; 
and  to  appoint  a  proper  j)ersou  residing  upon  the  coast  of 
Africa  as  agent,  for  receiving  the  negroes,  mulattoes,  or 
persons  of  color  delivered  from  on  board  vessels  seized  in 
the  ])rosecution  of  tlie  slave-trade,  by  commanders  of 
United  States  armed  vessels. 

A  bounty  of  twenty-five  dollars  shall  be  paid  to  the  offi-  ^'-  S-.5562. 
cers  and  crews  of  the  commissioned  vessels  of  the  United 
States,  or  revenue  cutters,  for  each  negro,  mulatto,  or  i)er- 
son  of  color,  who  may  be,  as  hereinbefore  provided,  deliv- 
ered to  the  marshal  or  agent  duly  appointed  to  receive 
such  person  ;  and  the  Secretary  of  the  Treasury  is  required 
to  i)ay,  or  cause  to  be  paid,  to  such  officers  and  crews,  or 
their  agent,  such  bounty  for  each  person  so  delivered. 

It  shall  be  the  duty  of  the  commander  of  any  armed  k.  s.,5663. 
vessel  of  the  Ignited  States,  whenever  he  makes  any  cap- 
ture under  the  preceding  provisions,  to  bring  the  vessel  and 
her  cargo,  for  adjudication,  into  some  of  the  ports  of  the 
State  or  Territory  to  which  such  vessel  so  captured  may 
belong,  if  he  can  ascertain  the  same;  if  not,  then  to  be 
sent  into  any  convenient  port  of  the  United  States. 

Every  owner,  master,  or  factor  of  any  foreign  vessel,  ks.,5564. 
clearing  out  for  any  of  the  coasts  or  kingdoms  of  Africa, 
or  suspected  to  be  intended  for  the  slave  trade,  and  the 
suspicion  being  declared  to  the  officer  of  the  customs  by 
any  citizen,  on  oath,  and  such  information  being  to  the 
satisfaction  of  the  officer,  shall  first  give  bond  with  sufficient 
sureties,  to  the  Treasurer  of  the  United  States,  that  none 
of  the  natives  of  Africa,  or  any  other  foreign  country  or 
place,  shall  be  taken  on  board  such  vessel,  to  be  trans- 
ported or  sold  as  slaves,  in  any  other  foreign  port  or  place 
whatever,  within  nine  months  thereafter. 

The  forfeitures  which  may  hereafter  be  incurred  under    R.  s.,55e5. 
any  of  the  preceding  provisions,  and  which  are  not  other- 
wise expressly  disposed  of,  shall  accrue  and  be  one  moiety 


392  PART    XLVII. SLAVE    TRADE. 

thereof  to  tbe  use  of  the  informer  and  the  other  moiety  to 
the  use  of  the  Uuited  States,  except  wliere  the  prosecution 
is  first  instituted  on  behalf  of  the  United  States  in  which 
case  the  whole  shall  be  to  their  use. 

K.s.,5566.  It  may  be  lawful  for  the  President  to  enter  into  contract 

with  any  person,  society,  or  body-corporate,  for  a  term  not 
exceeding  live  years,  to  receive  from  the  United  States, 
through  their  duly  constituted  agent  upon  the  coast  of 
Africa,  all  negroes,  mulattoes,  or  persons  of  color,  delivered 
from  on  board  vessels  seized  in  the  prosecution  of  the  slave- 
trade,  by  commanders  of  the  United  States  armed  vessels, 
and  to  provide  such  negroes,  mulattoes,  and  persons  of 
color  with  comfortable  clothing,  shelter,  and  provisions, 
for  a  period  not  exceeding  one  year  from  the  date  of  their 
being  landed  on  the  coast  of  Africa,  at  a  price  in  no  case 
to  exceed  one  hundred  dollars  for  each  person  so  clothed, 
sheltered,  and  ]3rovided  with  food;  and  any  contract  so 
made  may  be  renewed  by  the  President  from  time  to  time 
as  found  necessary,  for  periods  not  to  exceed  five  years  on 
each  renewal. 

E.s.,5567.  The  President  is  authorized  to  issue  instructions  to  the 

commanders  of  the  armed  vessels  of  the  United  States, 
directing  them,  whenever  it  is  practicable,  and  under  such 
rules  and  regulations  as  he  may  prescribe,  to  proceed  directly 
to  the  coast  of  Africa,  and  there  hand  over  to  the  agent  of  the 
United  States  all  negroes,  mulattoes,  and  persons  of  color 
delivered  from  on  board  vessels  seized  in  the  prosecution 
of  the  slave  trade;  and  they  shall  afterward  bring  the  cap- 
tured vessels  and  i)ei^sons  engaged  in  prosecuting  such 
trade  to  the  Uuited  States  for  trial  and  adjudication. 

R.  s.,  5568.  It  may  be  lawful  for  the  President  to  enter  into  arrange- 

ment, by  contract  or  otherwise,  with  one  or  more  foreign 
governments  having  possessions  in  the  West  Indies  or  other 
tropical  regions,  or  with  their  duly  constituted  agent,  to 
receive  from  the  United  States,  for  a  term  not  exceeding 
five  years,  at  such  place  as  may  be  agreed  upon,  all  negroes, 
mulattoes,  or  persons  of  color,  delivered  from  on  board  ves- 
sels seized  in  the  prosecution  of  the  slave-trade,  by  com- 
manders of  United  States  armed  vessels,  and  to  provide 
them  with  suitable  instruction,  and  with  comfortable  cloth- 
ing and  shelter,  and  to  employ  them,  at  wages  under  such 
regulations  as  may  be  agreed  upon,  for  a  period  not  exceed- 
ing five  years  from  the  date  of  their  being  landed  at  the 
place  agreed  upon. 

R.s.,5569.  The  President  is  authorized  to  issue  instructions  to  the 

commanders  of  the  armed  vessels  of  the  United  States, 
directing  them,  whenever  it  is  practicable,  and  under  such 
regulations  as  he  may  prescribe,  to  proceed  directly  to  such 
place  as  shall  have  been  agreed  upon  with  any  foreign  gov- 
ment,  or  its  duly  constituted  agent,  under  the  provisions 
of  the  preceding  section,  and  there  deliver  to  the  duly  con- 
stituted authorities  or  agents  of  such  foreign  government 
all  negroes,  mulattoes,  or  persons  of  color,  taken  from  on 
board  vessels  seized  in  the  prosecution  of  the  slave  trade; 
and   they   shall  afterward  bring  the  vessel  and  persons 


PART    XLVir. SLAVE    TRADE.  393 

engaged  in  ])rosecnting  such  trade  to  the  United  States  for 
trial  and  adjudication. 

Every  ])ersou  who,  being  of  the  crew  or  ship's  company  i:.  s.,5375. 
of  any  foreign  vessel  engaged  in  the  shive-trade,  or  being 
of  the  crew  or  ship's  company  of  any  vessel  owned  wholly 
or  in  i)art,  or  navigated  for  or  in  behalf  of  any  citizen, 
forcibly  confines  or  detains  on  board  such  vessel  any  negro, 
or  mulatto,  with  intent  to  make  such  negro  or  mulatto  a 
slave,  or,  on  board  such  vessel,  offers  or  attempts  to  sell, 
as  a  slave,  any  negro  or  mulatto,  or  on  the  high  seas,  or 
anj^where  on  tide  water,  transfers  or  delivers  to  any  other 
vessel  any  negro  or  mulatto  with  intent  to  make  such  negro 
or  n)ulatto  a  slave,  or  lands  or  delivers  on  shore  from  on 
board  such  vessel  any  negro  or  mulatto  with  intent  to  make 
sale  of,  or  having  previously  sold  such  negro  or  mulatto  as 
a  slave,  is  a  pirate,  and  shall  sufi'er  death. 

Whoever  shall  knowingly  and  wilfully  bring  into  the  Juneai,  1874. 
United  States,  or  the  Territories  thereof,  any  person  invei- 
gled or  forcibly  kidnapped  in  any  other  country,  with  intent 
to  hold  such  person  so  inveigled  or  kidnai)i)ed  in  confine- 
ment or  to  any  involuntary  service,  and  whoever  shall 
knowingly  and  wilfully  sell,  or  cause  to  be  sold,  into  any 
condition  of  involuntary  servitude,  any  other  person  for 
any  term  wliatever,  and  every  person  who  shall  knowingly 
and  wilfully  hold  to  involuntary  servi<e  anyi)erson  so  sold 
or  bought,  shall  be  deemed  guilty  of  a  felony,  and,  on  con- 
viction thereof,  be  imprisoned  for  a  term  not  exceeding  five 
years  and  pay  a  fine  not  exceeding  five  thousand  dollars. 

Every  ]>erson  who  shall  be  accessory  to  any  of  the  felo-    sec.2. 
nies  herein  declaicd,  either  before  or  after  tlie  fact,  shall 
be  deemed  guilty  of  a  felony,  and  oti  conviction  thereof  be 
imprisoned  for  a  tej  m  not  exceeding  five  years  and  pay  a 
fine  not  exceeding  one  thousand  dollars. 

Every  person,  who,  being  of  the  crew  or  ship's  company  R.s.,5376. 
of  any  foreign  vessel  engagtd  in  the  slave-trade,  or  being 
of  the  crew  or  ship's  company  of  any  vessel,  owned  in 
whole  or  part,  or  navigated  for,  or  in  behalf  of,  any  citizen, 
lands  from  such  vessel,  and,  on  any  foreign  shore,  seizes 
any  negro  or  mulatto  with  intent  to  make  such  negro  or 
mulatto  a  slave,  or  decoys  or  forcibly  brings,  or  carries,  or 
receives  such  negro  or  mulatto  on  board  such  vessel,  with 
like  intent,  is  a  pirate,  and  shall  suffer  death. 

Every  person  who  brings  within  the  jurisdiction  of  the  k-s.,5377. 
United  States,  in  any  manner  whatsoever,  any  negro, 
mulatto,  or  i)er8on  of  color,  from  any  foreign  kingdom  or 
country,  or  trom  sea,  or  holds,  sells,  or  otherwise  disposes 
of,  any  negro,  mulatto,  or  ])erson  of  color  so  brought  in,  as 
a  slave,  or  to  be  held  to  service  or  laI)or,  shall  be  fined  not 
more  than  ten  thousand  dollars  and  not  less  than  one 
thousand,  one  half  to  the  use  of  the  United  States,  and 
the  other  half  to  the  use  of  the  ])arty  who  i)rosecutes  the 
indictment  to  effect,  and,  moreover,  shall  suffer  imi)rison- 
ment  at  hard  labor  not  more  than  seven  years,  nor  less  than 
three  years. 


394  PART  XLVIl. SLAVE  TRADE. 

K.s.,5378.  Every  person  who  builds,  fits  out,  equijis,  loans,  or  other- 

wise prepares,  or  sends  away,  either  as  master,  factor,  or 
owner,  any  vessel,  in  any  port  or  place  within  the  jurisdic- 
tion of  the  United  States,  or  causes  such  vessel  to  sail 
from  any  port  or  place  whatsoever,  within  such  jurisdic- 
tion, for  the  purpose  of  procuring  any  negro,  mulatto,  or 
person  of  color  from  any  foreign  kingdom  or  country,  to  be 
transported  to  any  port  or  place  whatsoever,  to  be  held, 
sold,  or  otherwise  disposed  of  as  a  slave,  or  held  to  service 
or  labor,  shall  be  punished  by  a  fine  of  not  less  than  one 
thousand  dollars,  nor  more  than  five  thousand  dollars,  one- 
half  to  the  use  of  the  United  States  and  the  other  half  to 
the  use  of  the  person  i^rosecuting  the  indictment  to  effect, 
and  shall,  moreover,  be  imprisoned  at  hard  labor  for  a 
term  not  more  than  seven  years,  nor  less  than  three  years. 

R.s.,5379.  Every  citizen  or  other  person  resident  within  the  juris- 

diction of  the  United  States,  who  takes  on  board,  receives, 
or  transports  from  any  foreign  kingdom  or  country,  or  from 
sea,  any  negro,  mulatto,  or  person  of  color,  in  any  vessel,  for 
the  purpose  of  holding,  selling,  or  otherwise  disposing  of 
such  person  as  a  slave,  or  to  be  held  to  service  or  labor, 
shall  be  punished  as  prescribed  in  the  preceding  section. 

E.s.,5380.  Every  captain,  master,  or  commander  of  any  American 

vessel  found  in  any  river,  port,  bay,  harbor,  or  on  the  high 
seas,  within  the  jurisdictional  limits  of  the  United  States, 
or  hovering  on  the  coast  thereof,  having  on  board  any  negro, 
mulatto,  or  person  of  color  for  the  purpose  of  selliug  them 
as  slaves,  or  with  intent  to  land  the  same  for  any  such  pur- 
pose, shall  be  fined  not  more  than  ten  thousand  dollars,  and 
be  imprisoned  at  hard  labor  not  less  than  two  years,  nor 
more  than  four  years. 

R.s.,538].  Every  citizen  of  the  United  States,  or  other  person  resid- 

ing therein,  who  voluntarily  serves  on  board  of  any  Ameri- 
can vessel  employed  or  made  use  of  in  the  transjjortation  of 
slaves  from  any  foreign  country  or  place  to  another,  shall 
be  iiunished  by  a  fine  of  not  more  than  two  thousand  dol- 
lars, and  by  imprisonment  not  more  than  two  years. 

K.  s.,  5382.  Every  citizen  of  the  United  States  who  voluntarily  serves 

ou  board  of  any  foreign  vessel  employed  in  the  slave-trade, 
shall  be  punished  as  prescribed  in  the  preceding  section. 


Part  XLVIII.— l^ROTECTION  OF  SUBMARINE 

CABLES. 


415.  Protection  of  submarine  cables. 

Any  person  who  shall  willfully  and  wrongfully  break  or  Feb.29,i88& 
injure,  or  attempt  to  break  or  injure,  or  who  shall  in  any 
manner  procure,  counsel,  ai<l,  abet,  or  be  accessory  to  such 
breaking  or  injury,  or  attenijit  to  break  or  injure,  a  sub- 
marine cable,  in  such  manner  as  to  interrupter  embarrass, 
in  whole  or  in  i)art,  telegraphic  communication,  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  liable  to  imprisonment  for  a  term  not  exceeding  two 
years,  or  to  a  fine  not  exceeding  five  thousand  dollars,  or  to 
both  fine  and  imprisonment,  at  the  discretion  of  the  court. 

Any  person  who  by  culpable  negligence  shall  break  or  sec.2. 
injure  a  submarine  cable  in  sucb  manner  as  to  interrupt  or 
embarrass,  in  whole  or  in  part,  telegraphic  communication, 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  liable  to  imprisonment  for  a  term  not  exceeding 
three  months,  or  to  a  fine  not  exceeding  five  hundred  dol- 
lars, or  to  both  fine  and  imprisonment,  at  the  discretion  of 
the  court. 

The  provisions  of  the  foregoing  sections  shall  not  apply    sec.3. 
to  a  person  who  breaks  or  injures  a  cable  in  an  ettbrt  to 
save  the  life  or  limb  of  himself  or  of  any  other  person,  or  to 
save  his  own  or  any  other  vessel:  Provided,,  That  he  takes 
reasonable  precautions  to  avoid  such  breaking  or  injury. 

The  master  of  any  vessel  which,  while  engaged  in  laying  sec.4. 
or  repairing  submarine  cables,  shall  fail  to  observe  the 
rules  concerning  signals  that  have  been  or  shall  hereafter 
be  adopted  by  the  parties  to  the  convention  with  a  view 
to  preventing  collisions  at  sea;  or  the  master  of  any  ves- 
sel that,  perceiving,  or  being  able  to  perceive  the  said 
signals  displayed  upon  a  telegrai)li  ship  engaged  in  repair- 
ing a  cable,  shall  not  withdraw  to  or  keep  at  a  distance  of 
at  least  one  nautical  mile;  or  the  master  of  any  vessel  that 
seeing  or  being  able  to  see  buoys  intended  to  mark  the 
position  of  a  cable  when  being  laid  or  when  out  of  order 
or  broken,  shall  not  keep  at  a  distance  of  at  least  a  quarter 
of  a  nautical  mile,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  liable  to  imprisonment  for  a 
term  not  exceeding  one  mouth,  or  to  a  fine  of  not  exceeding 
five  hundred  dollars. 

395 


396        PART    XLVIII. PROTECTION    OF    SUBMARINE    CABLES. 

Sec. 5.  The  master  of  any  fishing  vessel  who  shall  not  keep  his 

implements  or  nets  at  a  distance  of  at  least  due  nautical 
mile  from  a  vessel  engaged  iu  laying  or  repairing  a  cable; 
or  the  master  of  any  fishing  vessel  who  shall  not  keep  his 
implements  or  nets  at  a  distance  of  at  least  a  quarter  of  a 
nautical  mile  from  a  buoy  or  buoys  intended  to  mark  the 
position  of  a  cable  when  being  laid  or  when  out  of  order 
or  broken,  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof,  shall  be  liable  to  imprisonment  for  a  term  not 
exceeding  ten  days,  or  to  a  fine  Jiot  exceeding  two  hundred 
and  fifty  dollars,  or  to  both  such  fine  and  imprisonment,  at 
the  discretion  of  the  court : 

Provided,  however,  That  fishing  vessels,  on  perceiving  or 
being  able  to  perceive  the  said  signals  displayed  on  a  tele- 
graph ship,  shall  be  allowed  such  time  as  may  be  necessary 
to  obey  the  notice  thus  given,  not  exceeding  twenty-four 
hours,  during  which  period  no  obstacles  shall  be  placed  in 
the  way  of  their  operations. 

Sec.  6.  For  the  purpose  of  carrying  into  effect  the  convention,  a 

person  commanding  a  ship  of  war  of  the  United  States  or 
of  any  foreign  state  for  the  time  being  bound  by  the  con- 
vention, or  a  ship  specially  commissioned  by  the  (Govern- 
ment of  the  United  States  or  by  the  Government  of  such 
foreign  state,  may  exercise  and  perform  the  duties  vested 
in  and  imposed  on  such  officer  by  the  convention. 

Sec. 7.  Any  person  having  the  custody  of  the  papers  necessary 

for  the  preparation  of  the  statements  provided  for  in  article 
ten  of  th(i  convention  who  shall  refuse  to  exhibit  them  or 
shall  violently  resist  persons  having  authority  according  to 
article  ten  of  said  convention  to  draw  up  statements  of  facts 
in  the  exercise  of  their  functions,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  liable  to  im- 
prisonment not  exceeding  two  years,  or  to  a  fine  not  exceed- 
ing five  thousand  dollars,  or  to  both  fine  and  imprisonment, 
at  the  discretion  of  the  court. 

Sec.8.  rpijg  penalties  provided  in  this  act  for  the  breaking  or 

injury  of  a  submarine  cable  shall  not  be  a  bar  to  a  suit  for 
damages  on  account  of  such  breaking  or  injury. 

Sec.  9.  When  an  offense  against  this  act  shall  have  been  com- 

mitted by  means  of  a  vessel,  or  of  any  boat  belonging  to 
a  vessel,  the  master  of  such  vessel  shall,  unless  some  other 
person  is  shown  to  have  been  in  charge  of  and  navigating 
such  vessel  or  boat,  be  deemed  to  have  been  in  charge  of 
and  navigating  the  same,  and  be  liable  to  be  punished 
accordingly. 

See.  10.  Unless  the  context  of  this  act  otherwise  requires,  the 

term  "vessel"  shall  be  taken  to  mean  every  description  of 
vessel  used  iu  navigation,  in  whatever  way  it  is  propelled; 
the  term  "master"  shall  be  taken  to  include  every  person 
having  command  or  charge  of  a  vessel ;  and  the  term  "  j^er- 
son"  to  include  a  body  of  persons,  corporate  or  incorporate. 
The  term  "convention"  shall  be  taken  to  mean  the  Inter- 
national Convention  for  the  Protection  of  Submarine 
Cables,  made  at  Paris  on  the  fourteenth  day  of  May, 


PART   XLYIII. PROTECTION    OF    SUBMARIiSE    CABLES.        397 

eighteeu  hundred  and  eigbty-four,  and  proclaimed  by  the 
President  of  the  United  States  on  the  twenty-second  day 
of  May,  eighteen  hundred  and  eighty-tive. 

The  provisions  of  the  Ixevised  Statutes,  from  section  forty-    ^cc.n. 
three  hundred  to  section  forty-three  hundred  and  tivc,  inchi- 
sive,  for  the  summary  trial  of  offenses  against  the  naA'igation 
laws  of  tlie  United  States,  shall  extend  to  the  trial  of  otfenses 
against  the  i)rovisions  of  sections  four  and  five  of  this  act. 

The  i)rovisions  of  tliis  act  shall  be  held  to  apply  only  to    sec.  12. 
cables  to  which  the  convention  for  the  time  being  applies. 

The  district  courts  of  the  United  States  shall  have  juris-  se. .  la. 
diction  over  all  offenses  against  this  act  and  of  all  suits  of 
a  civil  nature  arising  thereunder,  whether  the  infraction 
complained  of  shall  have  been  committed  within  the  terri- 
torial waters  of  the  United  States  or  outside  of  the  said 
waters : 

Provided.,  That  in  case  such  infraction  is  committed  out- 
side of  the  territorial  waters  of  the  United  States  the  vessel 
on  board  of  which  it  has  been  committed  is  a  vessel  of  the 
United  States.  From  the  decrees  and  judgments  of  the 
district  courts  in  actions  and  suits  arising  under  this  act 
appeals  and  writs  of  error  shall  be  allowed  as  now  provided 
by  law  in  other  cases. 

Criminal  actions  and  proceedings  for  a  violation  of  the 
provisions  of  this  act  shall  be  commenced  and  prosecuted 
in  the  district  court  tor  the  district  within  which  the  offense 
was  committed,  and  when  not  committed  within  any  judi- 
cial district,  then  in  thedistrict  court  for  the  district  within 
which  the  offender  may  be  found ;  and  suits  of  a  civil  nature 
may  be  commenced  in  the  district  court  for  any  district 
within  which  the  defendant  may  be  found  and  shall  be 
served  with  process. 


Part  XLIX.— WAR  TAXES  ON  SHIPPING. 


416.  War  taxes  on  shipping. 

June  13, 1898.       FouF.  Commercial    brokers  shall    pay  twenty  dollars. 

Sec. 2.  Every  persou,  firm  or  company  whose  business  it  is  as  a 

broker  to  negotiate  sales  or  purchases  of  goods,  wares, 
produce,  or  merchandise,  or  to  negotiate  freights  and  other 
business  for  the  owners  of  vessels,  or  for  the  shippers  or 
consignors  or  consignees  of  freight  carried  by  vessels,  shall 
be  regarded  as  a  commercial  broker  under  this  Act. 

Five.  Custom-housebrokersshall  pay  ten  dollars.  Every 
person,  firm,  or  company  whose  occupation  it  is,  as  the 
agent  of  others,  to  arrange  entries  and  other  custom-house 
papers,  or  transact  business  at  any  port  of  entry  relating 
to  the  importation  or  exportation  of  goods,  wares,  or  mer- 
chandise, shall  be  regarded  as  a  custom-house  broker. 

Sec.  There  shall  be  levied,  collected,  and  paid,  for  and  in 

respect  of  the  several  bonds,  debentures,  or  certificates  of 
stock  and  of  indebtedness,  and  other  documents,  instru- 
ments, matters,  and  things  mentioned  and  described  in 
Schedule  A  of  this  Act,  or  for  or  in  respect  of  the  vellum, 
parchment,  or  paijer  upon  which  such  instruments,  matters, 
or  things,  or  any  of  them,  shall  be  written  or  printed  by 
any  i^erson  or  persons,  or  party  who  shall  make,  sign,  or 
issue  the  same,  or  for  whose  use  or  benefit  the  same  shall 
be  made,  signed,  or  issued,  the  several  taxes  or  sums  of 
money  set  down  in  figures  against  the  same,  respectively, 
or  otherwise  specified  or  set  forth  in  the  said  schedule. 

Sec.  7.  If  any  person  or  persons  shall  make,  sign,  or  issue,  or 

cause  to  be  made,  signed,  or  issued,  any  instrument,  docu- 
ment, or  paper  of  any  kind  or  description  whatsoever,  with- 
out the  same  being  duly  stamped  for  denoting  the  tax  hereby 
imposed  thereon,  or  without  having  thereupon  an  adhesive 
stamp  to  denote  said  tax,  such  person  or  persons  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of shall  pay  a  fine  of  not  more  than  one  hundred  dollars, 
at  the  discretion  of  the  court,  and  such  instrument,  docu- 
ment, or  paper,  as  aforesaid,  shall  not  be  competent  evi- 
dence in  any  court. 

Sec.  9.  In  any  and  all  cases  where  an  adhesive  stamp  shall  be 

used  for  denoting  any  tax  imjiosed  by  this  Act,  except  as 
hereinafter  provided,  the  person  using  or  affixing  the  same 
shall  write  or  stamp  thereupon  the  initials  of  his  name  and 
the  date  upon  which  the  same  shall  be  attached  or  used,  so 
that  the  same  may  not  again  be  used.  And  if  any  person 
398 


PART    XLIX. WAR    TAXES    ON    SHIPPING.  399 

shall  fraudulently  make  use  of  an  adhesive  staraj)  to  <lenote 
any  tax  inii)osed  by  this  Act  without  so  ellectually  cancel- 
ingand  obliterating' such  stani]),  except  as  before  mentioned, 
he,  she,  or  they  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  siiall  pay  a  tine  of  not  less  than 
tifty  nor  more  than  live  hundred  dollars,  or  be  imprisoned 
not  more  than  six  months,  or  both,  at  the  discretion  of  the 
court: 

Hereafter  no  instrument,  paper,  or  document  required  secu. 
by  law  to  be  stamped,  which  has  been  signed  or  issued 
■without  being'  duly  stamped,  or  with  a  deficient  stamj),  nor 
any  copy  thereof,  shall  be  recorded  or  admitted,  or  used  as 
evidence  in  any  court  until  a  legal  stamp  or  stamps,  denoting 
the  amount  of  tax,  shall  have  been  allixed  thereto,  as  pre- 
scribed by  law :  Provided^  That  any  bond,  debenture,  certif- 
icate of  stock,  or  certificate  of  indebtedness  issued  in  any 
foreign  country  shall  i)ay  the  same  tax  as  is  required  by 
law  on  similar  instruments  when  issued,  sold,  or  transferred 
in  the  United  States;  and  the  party  to  whom  the  same  is 
issued,  or  oy  whom  it  is  sold  or  transferred,  shall,  before 
selling  or  transferring  the  same,  artix  thereon  the  stamp  or 
stamps  indicating  the  tax  required. 

It  shall  not  be  lawful  to  record  or  register  any  instrument,  sec  is. 
paper,  or  document  required  by  law  to  be  stamped  unless  a 
stamp  or  stampsof  the  proper  amount  shall  have  been  affixed 
and  canceled  in  the  manner  prescribed  by  law;  and  the 
record,  registry,  or  transfer  of  any  such  instruments  upon 
which  the  projier  stamp  or  stamps  aforesaid  shall  not  have 
been  affixed  and  canceled  as  aforesaid  shall  not  be  used  in 
evidence. 

No  instrument,  paper,  or  document  required  by  law  to  sec.  le. 
be  stamped  shall  be  deemed  or  held  invalid  and  of  no  effect 
for  the  want  of  a  particular  kind  or  description  of  stamp 
designated  for  and  denoting  the  tax  charged  on  any  such 
instrument,  paper,  or  document,  provided  a  legal  documen- 
tary stamp  or  stamps  denoting  a  tax  of  equal  amount  shall 
have  been  duly  affixed  and  used  thereon. 

SCHEDULE   A. — STAMP   TAXES. 

Bank  check,  draft,  or  certificate  of  deposit  not  drawing 
interest,  or  order  for  the  payment  of  any  sum  of  money, 
drawn  upon  or  issued  by  any  bank,  trust  company,  or  any 
person  or  persons,  companies,  or  corporations  at  sight  or  on 
demand,  two  cents. 

13ill  of  exchange  (inland),  draft,  certificate  of  deposit 
drawing  interest,  or  order  for  the  payment  of  any  sum  of 
money,  otherwise  than  at  sight  or  on  demand,  or  any  prom- 
issory note  except  bank  notes  issued  for  circulation,  and 
for  each  renewal  of  the  same,  for  a  sum  not  exceeding  one 
hundred  dollars,  two  cents;  and  for  each  additional  one  hun- 
dred dollars  or  fractional  part  thereof  in  excess  of  one  hun- 
dred dollars,  two  cents.  And  from  and  after  the  first  day 
of  July,  eighteen  hundred  and  ninety-eight,  the  provisions 
of  this  paragraph  shall  apply  as  well  to  original  domestic 


400  PART    XLIX. WAR    TAXES    ON    SHIPPING. 

money  orders  issued  by  the  Government  of  the  United 
States,  and  the  price  of  su«  h  money  orders  shall  be  in- 
creased by  a  sum  equal  to  the  value  of  the  stamps  herein 
provided  for. 

Bill  of  exchange  (foreign)  or  letter  of  credit  (including 
orders  by  telegraph  or  otherwise  for  the  payment  of  money 
issued  by  express  or  other  companies  or  any  person  or  per- 
sons), drawn  in  but  payable  out  of  the  United  States,  if 
drawn  singly  or  otherwise  than  in  a  set  of  three  or  more, 
according  to  the  custom  of  merchants  and  bankers,  shall 
pay  for  a  sum  not  exceeding  one  hundred  dollars,  four 
cents,  and  for  each  one  hundred  dollars  or  fractional  part 
thereof  in  excess  of  one  hundred  dollars,  four  cents. 

If  drawn  in  sets  of  two  or  more :  For  every  bill  of  each 
set,  where  the  sum  made  payable  shall  not  exceed  one  hun- 
dred dollars,  or  the  equivalent  thereof,  in  any  foreign  cur- 
rency iu  which  such  bill  may  be  expressed,  according  to  the 
standard  of  value  fixed  by  the  United  States,  two  cents; 
and  for  each  one  hundred  dollars  or  fractional  part  thereof 
in  excess  of  one  hundred  dollars,  two  cents. 

Bills  of  lading  or  receipt  (other  than  charter  party)  for 
any  goods,  merchandise,  or  effects,  to  be  exported  from  a 
port  or  place  in  the  United  States  to  any  foreign  port  or 
place,  ten  cents. 

Express  and  freight  :  It  shall  be  the  duty  of  every 
railroad  or  steamboat  company,  carrier,  express  company, 
or  corporation  or  person  whose  occupation  is  to  act  as  such, 
to  issue  to  the  shipper  or  consignor,  or  his  agent,  or  person 
from  whom  any  goods  are  accepted  for  transportation,  a  bill 
of  lading,  manifest,  or  other  evidence  of  receipt  and  for- 
warding for  each  shipment  received  for  carriage  and  trans- 
portation, whether  in  bulk  or  in  boxes,  bales,  packages, 
bundles,  or  not  so  inclosed  or  included;  and  there  shall  be 
duly  attached  and  canceled,  as  is  in  this  Act  provided,  to 
each  of  said  bills  of  lading,  manifests,  or  other  memoran- 
dum, and  to  each  duplicate  thereof,  a  stamp  of  the  value  of 
one  cent:  Provided,  That  but  one  bill  of  lading  shall  be  re- 
quired on  bundles  or  packages  of  newspapers  when  inclosed 
in  one  general  bundle  at  the  time  of  shipment.  Any  failure 
to  issue  such  bill  of  lading,  manifest,  or  other  memorandum, 
as  herein  provided,  shall  subject  such  railroad  or  steamboat 
company,  carrier,  express  comi)any,  or  corporation  or  per- 
son to  a  penalty  of  fifty  dollars  for  each  offense,  and  no  such 
bill  of  lading,  manifest,  or  other  memorandum  shall  be  used 
in  evidence  unless  it  shall  be  duly  stamped  as  aforesaid. 

Certificate :  Any  certificate  of  damage,  or  otherwise,  and 
all  other  certificates  or  documents  issued  by  any  port 
warden,  marine  surveyor,  or  other  person  acting  as  such, 
twenty-five  cents. 

Certificate  of  any  description  required  by  law  not  other- 
wise specified  iu  this  Act,  ten  cents. 

Charter  party :  Contract  or  agreement  for  the  charter  of 
any  ship,  or  vessel,  or  steamer,  or  any  letter,  memorandum, 
or  other  writing  between  the  captain,  master,  or  owner,  or 
person  acting  as  agent  of  any  ship,  or  vessel,  or  steamer, 
and  any  other  person  or  ijersons.  for  or  relating  to  the 


PART    XLIX. WAR    TAXES    OX    SHIPPING.  401 

charter  or  such  ship,  or  vessel,  or  steamer,  or  any  renewal 
or  transler  thereof,  if  the  registered  tonnage  of  such  ship, 
or  vessel,  or  steamer  does  not  exceed  three  hundred  tons, 
three  dollars. 

Exceeding  three  hundred  tons  and  not  exceeding  six  hun- 
dred tons,  live  dollars. 

Exceeding  six  hundred  tons,  ten  dollars. 

Entry  of  any  goods,  Ayares,or  merchandise  at  any  custom- 
house, either  for  consumption  or  warehousing,  not  exceed- 
ing one  hundred  dollars  in  value,  twenty-live  cents. 

Exceeding  one  hundred  dollars  and  not  exceeding  five 
hundred  dollars  in  value,  fifty  cents. 

Exceeding  five  hundred  dollars  in  value,  one  dollar. 

Entry  for  the  M'itlidrawal  of  any  goods  or  merchandise 
from  customs  bonded  warehouse,  fifty  cents. 

Insurance  (marine,  inland,  fire,) :  Each  policy  of  insurance 
or  other  instrument,  by  whatever  name  the  same  shall  be 
called,  by  which  insurance  shall  be  made  or  renewed  upon 
proi)erty  of  any  description  (including  rents  or  profits), 
whether  against  peril  by  sea  or  on  inland  waters,  or  by  fire 
or  lightning,  or  other  peril,  made  by  any  person,  associa- 
tion, or  corporation,  upon  the  amount  of  premium  charged, 
one-half  of  onecent  on  each  dollar  orfractional  part  thereof: 
Vrovided,  That  purely  cooperative  or  mutual  fire  insurance 
companies  carried  on  by  the  members  thereof  solely  for  the 
protection  of  their  own  property  and  not  for  profit  shall  be 
exempted  from  the  tax  herein  provided. 

Manifest  for  custom-house  entry  or  clearance  of  the  cargo 
of  any  ship,  vessel,  or  steamer  for  a  foreign  port — 

If  the  registered  tonnage  of  such  shij),  vessel,  or  steamer 
does  not  exceed  three  hundred  tons,  one  dollar. 

Exceeding  three  hundred  tons  and  not  exceeding  six 
hundred  tons,  three  dollars. 

Exceeding  six  hundred  tons,  five  dollars. 

Mortgage  or  pledge,  of  lands,  estate,  or  property,  real  or 
personal,  heritable,  or  movable,  whatsoever,  where  the  same 
shall  be  made  as  a  security  for  the  payment  of  any  definite 
and  certain  sum  of  money,  lent  at  the  time  or  previously 
due  and  owing  or  forborne  to  be  paid,  being  payable;  also 
any  conveyance  of  any  lands,  estate,  or  property  whatso- 
ever, in  trust  to  be  sold  or  otherwise  converted  into  money, 
which  shall  be  intended  only  as  security,  either  by  express 
stipulation  or  otherwise;  on  any  of  the  foregoing  exceed- 
ing one  thousand  dollars  and  not  exceeding  one  thousand 
five  hundred  dollars,  twenty-five  cents;  and  on  each  five 
hundred  dollars  or  fractional  part  thereof  in  excess  of  fif- 
teen hundred  dollars,  twenty-five  cents:  rrorided,  That 
upon  each  an<l  every  assignment  or  transfer  of  a  mortgage, 
lease,  or  policy  of  insurance,  or  the  renewal  or  continuance 
of  any  agreement,  contract,  or  (diarter,  by  letter  or  other- 
wise, a  stamp  duty  shall  be  required  and  paid  at  the  same 
rate  as  that  imposed  on  the  original  instrument. 

Passage  ticket,  by  any  vessel  from  a  port  in  the  United 
States  to  a  foreign  port,  if  costing  not  exceeding  thirty 
dollars,  one  dollar. 

NAV  90,  PT  L' 26 


402  PART    XLIX. WAR    TAXES    ON    SHIPPING. 

Costing  more  than  thirty  and  not  exceeding  sixty  dollars, 
three  dollars. 

Costing  more  than  sixty  dollars,  five  dollars. 

Protest :  Upon  the  protest  of  every  note,  bill  of  exchange, 
acceptance,  check  or  draft,  or  any  mariue  protest,  whether 
protested  by  a  notary  j)ublic  or  by  any  other  officer  who 
may  be  authorized  by  the  law  of  any  State  or  States  to 
make  such  protest,  twenty-five  cents. 

Warehouse  receipt  for  any  goods,  merchandise,  or  prop- 
erty of  any  kind  held  on  storage  in  any  i)ublic  or  private 
warehouse  or  yard,  except  receipts  for  agricultural  products 
deposited  by  the  actual  grower  thereof  in  the  regular  course 
of  trade  for  sale,  twenty-five  cents:  Provided,  That  the 
stamp  duties  imposed  by  the  foregoing  schedule  on  mani- 
fests, bills  of  lading,  and  passage  tickets  shall  not  apply  to 
steamboats  or  other  vessels  plying  between  ports  of  the 
United  States  and  ports  in  British  North  America. 


Part  L.— ADMINISTTJATTVE  AND  EXECUTIVE 

OFFICES. 


417.  Bureau  of  Navigation.  423.  I iife-Saving  Service. 

418.  Shipping  coiiHiiis.sionors.  424.  Keveuuo-Cutter  Service. 

419.  Customs  officers.  425.  Light  House  Board. 

420.  Steamboat  Inspection  Service.  426.  Treasury  agents. 

421.  Marine- Hospital  Service.  427.  Coast  and  Geodetic  Survey. 

422.  Immigration  Bureau.  428.  District  court  commissioners. 

417.  Bureau  of  Navigation. 

There  shall  be  in  the  Department  of  the  Treasury  of  the    July  5,  i884. 
United  States  a  Bureau  of  Navigation,  under  the  imme- 
diate charge  of  a  Commissioner  of  Navigation. 

The  Commissioner  of  Navigation,  under  the  direction  of  Sec.  2. 
the  Secretary  of  the  Treasury,  shall  have  general  superin- 
tendence of  the  commercial  marine  and  merchant  seamen 
of  the  United  States,  so  far  as  vessels  and  seamen  are  not, 
under  existing  laws,  subject  to  the  supervision  of  any  other 
officer  of  the  Government. 

He  shall  be  specially  charged  with  the  decision  of  all 
questions  relating  to  the  issue  of  registers,  enrollments, 
and  licenses  of  vessels,  and  to  the  filing  and  preserving  of 
those  documents;  and  wherever  in  title  forty-eight  [R.  S., 
4131-4305)  or  fifty  |E.  S.,  4311-4390]  of  the  Revised  Stat- 
utes any  of  the  above  named  documents  are  required  to  be 
surrendered  or  returned  to  the  Register  of  the  Treasury, 
such  requirement  is  hereby  repealed,  and  such  documents 
shall  be  surrendered  and  returned  to  the  Commissioner  of 
Navigation.  Said  Commissioner  shall  have  charge  of  all 
similar  documents  now  in  the  keeping  of  the  Register  of 
the  Treasury,  and  shall  perform  all  the  duties  hitherto 
devolved  upon  said  Register  relating  to  navigation. 

The  Commissioner  of  Navigation  shall  be  charged  with  sec.  3. 
the  supervision  of  the  laws  relating  to  the  admeasurement 
of  vessels,  and  the  assigning  of  signal  letters  thereto,  and 
of  designating  their  oflicial  number;  and  on  all  questions 
of  interpretation  growing  out  of  the  execution  of  the  laws 
relating  to  these  subjects,  and  relating  to  the  collection  of 
tonnage  tax,  and  to  the  refund  of  such  tax  when  collected 
erroneously  or  illegally,  his  decision  shall  be  final. 

The  Commissioner  of  Navigation  sluill  annually  i)repare    sec.  4. 
and  publish  a  list  of  vessels  of  the  United  States  belong- 
ing to  the  commercial  marine,  specifying  the  official  num- 
ber, signal  letters,  names,  rig,  tonnage,  home  port,  and  ])laGe 
and  date  of  building  of  every  vessel,  distinguishing  in  such 

403 


404      PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 


Sec.  5. 


Sec.  6. 


list  sailing-vessels  from  such  as  may  be  propelled  by  steam 
or  other  motive  power. 

He  shall  also  report  annually  to  the  Secretary  of  the  Treas- 
ury the  increase  of  vessels  of  the  United  States,  by  build- 
ing or  otherwise,  specifying  their  number,  rig,  and  motive 
power.  He  shall  also  investigate  the  operations  of  the  laws 
relative  to  navigation,  and  annually  report  to  the  Secre- 
tary of  the  Treasury  such  particulars  as  may,  in  his  judg- 
ment, admit  of  improvement  or  may  require  amendment. 

The  Commissioner  of  Navigation  shall,  under  the  direc- 
tion of  the  Secretary  of  the  Treasury,  be  empowered  to 
change  the  names  of  vessels  of  the  United  States,  under 
such  restrictions  as  may  have  been  or  shall  be  prescribed 
by  act  of  Congress. 

The  Commissioner  of  Navigation  shall  be  appointed  by 
the  President  of  the  United  States,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  shall  receive  a  salary  of 
four  thousand  dollars  per  annum.  And  the  Secretary  of 
the  Treasury  shall  have  power  to  transfer  from  existing 
Bureaus  or  divisions  of  the  Treasury  one  clerk,  to  be  desig- 
nated as  deputy  commissioner  of  navigation,  to  act  with 
the  full  powers  of  said  Commissioner  during  his  temporary- 
absence  from  his  official  duty  for  any  cause,  and  such  addi- 
tional clerks  as  he  may  consider  necessary  to  the  successful 
operation  of  the  Bureau  of  Navigation,  without  impairing 
the  efficiency  of  the  Bureaus  or  divisions  whence  such. 
clerks  may  be  transferred. 

418.  Shipping  commissioners. 

The  Secretary  of  the  Treasury  shall  appoint  a  commis- 
sioner for  each  i)ort  of  entry,  which  is  also  a  port  of  ocean 
navigation,  and  which,  in  his  judgment,  may  require  the 
same;  such  commissioner  to  be  termed  a  shipping  commis- 
sioner, and  may,  from  time  to  time,  remove  from  office  any 
such  commissioner  whom  he  may  have  reason  to  believe 
does  not  properly  perform  his  duty,  and  shall  then  provide 
for  the  proper  performance  of  his  duties  until  another  per- 
son is  duly  appointed  in  his  place:  Provided,  That  Ship- 
ping Commissioners  now  in  office  shall  continue  to  perform 
the  duties  thereof  until  others  shall  be  appointed  in  their 
places.  Shipping  Commissioners  shall  monthly  render  a 
full,  exact,  and  itemized  account  of  their  receipts  and 
expenditures  to  the  Secretary  of  the  Treasury,  who  shall 
determine  their  compensation,  and  shall  from  time  to  time 
determine  the  number  and  compensation  of  the  clerks 
appointed  by  such  commissioner,  with  the  approval  of  the 
Secretary  of  the  Treasury,  subject  to  the  limitations  now 
fixed  by  law.  The  Secretary  of  the  Treasury  shall  regu- 
late the  mode  of  conducting  business  in  the  shipping  offices 
to  be  established  by  the  shipping  commissioners  as  herein- 
after provided,  and  shall  have  full  and  complete  control 
over  the  same,  subject  to  the  provisions  herein  contained; 
and  all  expenditures  by  shipping  commissioners  shall  be 
Junei9,i886.    audltcd  aud  adjusted  in  the  Treasury  Department  in  the 


R.  S.,4501. 
June  26,  1884 
Sec.  27. 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       405 

mode  and  uianiier  provided  for  expenditures  in  the  collec- 
tion of  customs. 

Every  shipping-commissioner  so  api)ointed  shall  give  k.  s.,4:.o2. 
bond  to  the  United  States,  conditioned  lor  the  faithful  i>er- 
formance  of  the  duties  of  his  olli(;o,  for  a  sum,  in  the  dis- 
cretion of  the  circuit  judge,  of  not  less  than  hve  thousand 
dollars,  with  two  good  ami  suHicient  sureties  tiierefor,  to 
be  ai)proved  by  such  Judge;  and  shall  take  and  subscribe 
the  following  oath  before  entering  upon  the  duties  of  his 
office:  "I  do  solemnly  swear  (or  allirm,  as  the  case  may  be) 
that  I  will  sujjjjort  the  Constitution  of  the  United  States, 
and  that  I  will  truly  and  faithfully  discharge  the  duties  of 
a  shii)piug-commissioner  to  the  best  of  my  ability,  an<l 
according  to  law."  Such  oath  shall  be  indorsed  on  the 
commission  or  certificate  of  appointment,  and  signed  by 
him,  and  certified  by  the  officer  before  whom  such  oath 
shall  have  been  taken. 

Any  shipping-commissioner  may  engage  clerks  to  assist  r.  s.,4505. 
him  in  the  transaction  of  the  business  of  the  shi])ping-office,  Ju^"  i^-  ^sse. 
at  his  own  proper  cost,  and  may,  in  case  of  necessity,  depute 
such  clerks  to  act  for  him  in  his  official  capacity;  but  the 
shipping-commissioner  shall  be  held  responsible  for  the  acts 
of  every  such  clerk  or  deputy,  and  will  be  personally  liable 
for  any  penalties  such  clerk  or  deputy  may  incur  by  the 
violation  of  any  of  the  provisions  of  this  Title  [11.  S., 
4501-4013];  and  all  acts  done  by  a  clerk,  as  such  deputy, 
shall  be  as  valid  and  binding  as  if  done  by  the  shipping- 
commissioner. 

Each  shipping-commissioner  shall  provide  a  seal  with  ].'.s.,4506. 
which  he  shall  authenticate  all  his  official  acts,  on  which 
seal  shall  be  engraved  the  arms  of  the  United  States,  and 
the  name  of  the  port  or  district  for  which  he  is  commis- 
sioned. Any  instrument,  either  printed  or  written,  ])ur- 
porting  to  be  the  official  act  of  a  shii)ping-commissi()uer, 
and  purporting  to  be  under  the  seal  and  signature  of  such 
shipping  commissioner,  shall  be  received  as  presumptive 
evidence  of  the  official  character  of  such  instrument,  and 
of  the  truth  of  the  facts  therein  set  forth. 

The  Secretary  of  the  Treasury  shall  assign  in  public  11. s., 4507. 

buildings  or  otherwise  procure  suitable  offices  and  rooms  Mar.  3,1897. 

for  the  shipment  and  discharge  of  seamen,  to  be  known  as  ^^'''^' 
shipping  commissioners'  offices,  and  shall  procure  furniture, 
stationery,  printing,  and  other  requisites  for  the  transaction 
of  the  business  of  such  offices. 

In  no  case  shall  the  salarv,  [fees,  and  emoluments]  of  any    R.s.,4594. 
officer  appointed  under  this  Title  [11.  S.,  4501-4013]  be    .T"i.ei9,i886. 
more  than  five  thousand  dollars  per  annum| ;  and  any  addi- 
tional fees  shall  be  paid  into  the  Treasury  of  the  United 
States.] 

419.  Customs  officers. 

At  each  of  the  ports  to  which  there  are  appointed  a  col-    R.s.,2621. 
lector,  naval  officer,  and  surveyor,  it  shall  be  the  duty  of  the 
collector : 


406       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

First.  To  receive  all  reports,  manifests,  and  documents  to 
be  made  or  exhibited  on  the  entry  of  any  ship  or  vessel, 
according-  to  the  regulations  of  tliis  Title  [R.  S.  1^517-3129]. 

Second.  To  record,  in  books  to  be  kept  for  that  purpose, 
all  manifests. 

Third.  To  receive  the  entries  of  all  ships  or  vessels,  and 
of  the  goods,  wares,  and  merchandise  imported  in  them. 

Fourth.  To  estimate,  together  with  the  naval  officer  where 
there  is  one,  or  alone  where  there  is  none,  the  amount  of  the 
dues  payable  thereupon,  indorsing  such  amount  upon  the 
respective  entries. 

Fifth.  To  receive  all  moneys  paid  for  duties,  and  take  all 
bonds  for  securing  the  payment  thereof. 

Sixth.  To  grant  all  permits  for  the  unlading  and  delivery 
of  goods. 

Seventh.  To  employ,  with  the  approval  of  the  Secretary 
of  the  Treasury,  proper  persons  as  weighers,  gangers,  meas- 
urers, and  inspectors'at  the  several  ports  within  his  district. 

Eightli.  To  provide,  with  the  like  approval,  at  the  public 
expense,  store-houses  forthe  safe  keeping  of  goods,  and  such 
scales,  weights,  and  measures  as  may  be  necessary. 

R.s.,2622.  At  ports  to  wliich  a  collector  and  surveyor  only  are 

appointed,  the  collector  shall  solely  execute  all  the  duties  in 
which  the  co-operation  of  the  naval  officer  is  requisite  at  the 
ports  where  a  naval  otffcer  is  api)ointed.  Antl  he  shall  act 
in  like  manner  in  case  of  the  disability  or  death  of  the  naval 
officer,untilasuccessoris  appointed,  unless  there  isadeputy 
duly  authorized  under  the  hand  and  seal  of  the  naval  officer, 
who  in  that  case  shall  continue  to  act  until  an  appointment 
is  made. 

R.  s.,2623.  At  ports  to  wMch  a  collector  only  is  appointed,  the  col- 

lector shall  solely  execute  all  the  duties  in  which  the  co  oper- 
ation of  the  naval  officer  is  requisite,  at  ports  where  a  naval 
officer  is  appointed,  and  he  shall  also,  as  far  as  may  be,  per- 
form all  the  duties  prescribed  for  surveyors  at  ports  where 
surveyors  are  authorized. 

R.s.,2624.  At  ports  of  delivery  to  which  no  surveyor  is  appointed, 

and  at  such  ports  only,  the  collector  may,  from  time  to  time, 
when  it  is  necessary,  employ  a  proper  person  to  perform  the 
duties  of  a  surveyor;  who  shall  be  entitled  to  the  like  com- 
pensation with  an  inspector  during  the  time  he  is  employed. 

ii.s.,2fi2r).  Ill  case  of  the  disability  or  death  of  a  collector,  the  du- 

ties and  authorities  vested  in  him  shall  devolve  on  his  dep- 
uty, if  any  there  be  at  the  time  of  such  disability  or  death, 
for  whose  conduct  the  estate  of  such  disabled  or  deceased 
collector  shall  be  liable;  and,  if  there  be  no  deputy,  they 
shall  devolve  upon  the  naval  officer  of  the  same  district, 
if  any  there  be;  and  if  there  be  no  naval  otficer,  they  shall 
devolve  upon  the  surveyor  of  the  port  appointed  for  the 
residence  of  such  disabled  or  deceased  collector,  if  any 
there  be;  and  if  there  be  no  such  surveyor,  they  shall  de- 
volve upon  the  surveyor  of  the  port  nearest  thereto  and 
within  the  district. 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       407 

At  ports  to  which  there  are  appointed  a  collector,  naval    i'«-.  2026. 
officer,  and  surveyor,  it  shall  be  the  duty  of  the  naval 
officer — 

First.  To  receive  copies  of  all  manifests  and  entries. 

Second.  To  estimate,  together  with  the  collector,  the 
duties  on  all  merchandise  subject  to  duty,  and  no  duties 
shall  be  received  without  such  estimates. 

Third.  To  keep  a  separate  record  of  such  estimates. 

Fourth.  To  countersign  all  i)ermits,  clearances,  certili- 
cates,  debentures,  and  other  documents,  to  be  granted  by 
the  collector. 

Fifth.  To  examine  the  collector's  abstracts  of  duties,  and 
other  accounts  of  receipts,  bonds,  and  expenditures,  and 
certify  the  same  if  found  right. 

At  ports  to  which  there  are  appointed  a  collector,  naval    i^  «  .2627. 
officer,  and  surveyor,  it  shall  be  the  duty  of  the  surveyor, 
who  shall  be  in  all  cases  subject  to  the  direction  of  the 
collector — 

First.  To  superintend  and  direct  all  inspectors,  weighers, 
measurers,  and  gangers  within  his  port. 

Second.  To  report  once  in  every  week  to  the  collector  the 
name  or  names  of  all  inspectors,  weighers,  gangers,  or 
measurers  who  are  absent  from  or  neglect  to  do  their  duty. 

Third.  To  visit  or  insjiect  the  vessels  which  arrive  in  his 
port,  and  make  a  return  in  writing  every  morning  to  the 
collector  of  all  vessels  which  have  arrived  from  foreign  ports 
during  thej^recedingday ;  specifying  the  names  and  denom- 
inations of  the  vessels,  the  masters'  names,  from  whence 
arrived,  whether  laden  or  in  ballast,  to  what  nation  belong- 
ing, and,  if  American  vessels,  whether  the  masters  thereof 
have  or  have  not  complied  with  the  law,  in  having  the 
required  number  of  manifests  of  the  cargo  on  board,  agree- 
ing in  substance  with  the  provisions  of  law. 

Fourth.  To  put  on  board  each  of  such  vessels  one  or  more 
inspectors  immediately  after  their  arrival  in  his  port. 

Fifth.  To  ascertain  the  i)roof,  quantities,  and  kinds  of  dis- 
tilled spirits  imported,  rating  such  spirits  according  to  their 
respective  degrees  of  i^roof,  as  defined  by  the  laws  impos- 
ing duties  on  spirits. 

Sixth.  To  examine  whether  the  goods  imported  in  any 
vessel,  andthe  deliveries  thereof,  agreeably  to  the  inspector's 
returns,  correspond  with  the  permits  for  landing  the  same; 
and  if  any  error  or  disagreement  appears,  to  report  the 
same  to  the  collector,  and  to  the  naval  officer,  if  any. 

Seventh.  To  superintend  the  lading  for  exportation  of  all 
goods  entered  for  the  benefit  of  any  drawback,  bounty,  or 
allowance,  and  examine  and  report  whctiier  the  kind,  quan- 
tity, and  quality  of  the  goods,  so  laden  on  board  any  vessel 
for  exportation,  correspond  with  the  entries  and  permits 
granted  therefor. 

Eighth.  To  examine,  and,  from  time  to  time,  and  partic- 
ularly on  the  first  Mondays  of  January  and  .Inly  in  each 
year,  try  the  weights,  measures,  and  other  instruments  used 
in  ascertaining  the  duties  on  imjxjrts,  with  standards  to  be 
provided  by  each  collector  at  the  public  ex])ense  for  that 
])urpose;  and  where  disagreements  or  errors  are  discovered, 
to  report  the  same  to  the  collector ;  and  to  obey  and  execute 


408       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

sucli  directions  as  be  may  receive  for  correctiug  the  same, 
agreeably  to  the  standards. 

K.s.,2628.  ^t  ports  to  whlch  surveyors  only  are  appointed,  the  sur- 

veyor shall  perform  all  the  duties  enjoined  upon  surveyors 
by  the  preceding  section ;  and  shall  also  receive  and  record 
the  copies  of  all  manifests  transmitted  to  him  by  the  col- 
lector; shall  record  all  permits  granted  by  the  collector, 
distinguishing  the  gauge,  weight,  measure,  and  quality  of 
goods  specified  therein;  and  shall  take  care  that  no  goods 
be  unladen  or  delivered  from  any  ship  or  vessel  without  a 
proper  permit  for  that  purpose. 

II.S..2629.  ii^  (-ase  of  the  disability  or  death  of  a  surveyor,  the  col- 

lector of  the  district  may  authorize  some  fit  person  to  per- 
form his  duties  and  exercise  his  powers;  and  the  powers  of 
the  person  so  authorized  sball  continue  until  a  successor 
is  duly  appointed,  and  ready  to  enter  upon  the  execution 
of  his  oftice. 

R.s.,2630.  Every  collector  of  the  customs  shall  have  authority,  with 

the  approval  of  the  Secretary  of  the  Treasury,  to  emjjloy 
within  his  district  such  number  of  proper  persons  as  dep- 
uty collectors  of  the  customs  as  he  shall  deem  necessary; 
and  such  deputies  are  declared  to  be  oflScers  of  the  cus- 
toms. And  in  cases  of  occasional  and  necessary  absence, 
or  of  sickness,  any  collector  may  exercise  his  powers  and 
perform  his  duties  by  deputy,  duly  constituted  under  his 
hand  and  seal,  and  he  shall  be  answerable  for  the  acts  of 
such  deputy  in  the  execution  of  such  trust. 

E.s.,263].  In  case  of  the  sickness  or  unavoidable  absence  of  any 

collector  or  surveyor  of  customs  from  his  office,  he  may, 
with  the  approval  of  the  Secretary  of  the  Treasury,  author- 
ize some  otticer  or  clerk  under  him  to  act  in  his  place,  and 
to  discbarge  all  the  duties  required  by  law  of  such  collector 
or  surveyor  in  his  capacity  as  disbursing  agent;  and  the 
official  bond  given  by  the  principal  of  the  office  shall  be 
held  to  cover  and  apply  to  the  acts  of  the  person  appointed 
to  act  in  his  place  in  such  cases. 

E.s.,2632.  Every  naval  officer  and  surveyor,  in  cases  of  occasional 

and  necessary  absence,  or  of  sickness,  and  not  otherwise, 
may  respectively  exercise  and  perform  their  functions, 
jDowers,  and  duties  by  deputy,  duly  constituted  under  their 
hands  and  seals  respectively,  for  whom,  in  the  execution  of 
their  trust,  they  shall  respectively  be  answerable. 

U.S., 2633.  rjy^Q  Secretary  of  the  Treasury  is  authorized,  whenever 

in  his  opinion  the  public  interest  demaiids  it,  to  clothe 
any  deputy  collector  at  a  port  other  than  the  principal  port 
of  entry,  with  all  the  ])Owers  of  his  principal  appertaining 
to  official  acts;  and  he  may  require  such  deputy  to  give 
bond  to  the  United  States,  in  such  amount  as  the  Secre- 
tary may  prescribe,  for  the  faithful  discharge  of  his  official 
duties. 

E.s.,2634.  The  Secretary  of  the  Treasury  may,  fi'om  time  to  time, 

except  in  cases  otherwise  ]trovi(led,  limit  and  hx  the  num- 
ber and  compensation  of  the  clerks  to  be  emi^loyed  by  any 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       409 

collector,  naviil  otlicer,  or  surveyor,  and  may  limit  and  fix 
the  coinpeiisatiou  of  any  deputy  of  any  such  collector, 
.naval  oflicer,  or  surveyor. 

Every  collector,  naval  officer,  and  surveyor  shall  cause  u.  s.,  2635. 
to  be  affixed,  and  constantly  kept  in  some  public  and  con- 
spicuous place  of  his  office,  a  fair  table  of  the  rates  of  fees 
and  duties  deniandable  bylaw,  and  shall  give  a  receipt  for 
the  fees  received  by  him,  sijocifyin.y;  the  particulars  when- 
ever required  so  to  do;  and  for  every  failure  so  to  do,  he 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  recov- 
erable to  the  use  of  the  informer. 

Every  officer  of  the  customs  who  demands  or  receives  i^-  s.,  2636. 
any  other  or  greater  fee,  compensation,  or  reward  than  is 
allowed  by  law,  for  performing  any  duty  or  service  re- 
quired from  him  by  law,  shall  be  liable  to  a  penalty  of  two 
hundred  dollars  for  each  offense,  recoverable  to  the  use  of 
the  party  aggrieved. 

If  any  inspector,  ganger,  weigher,  or  measurer  shall  re-  k.  s.,2637. 
ceive  any  gratuity,  fee,  or  rewartl  for  any  services  performed 
by  virtue  of  this  Title  |R.  S.,  2ol7-3lL'9J,  other  than  is  by 
law  allowed,  or  if  any  ganger,  weigher,  or  measurer,  em- 
ployed as  such  by  the  public,  in  the  districts  of  Portsmouth, 
Salem  and  Beverly,  Boston  and  Charlestown,  Providence, 
New  York,  Philadelphia,  Baltimore,  Norfolk  and  Ports- 
mouth, or  Charleston,  shall  gauge,  weigh,  or  measure  any 
article  or  articles,  other  than  shall  be  directed  by  the 
proper  officer,  in  order  to  ascertain  the  duties  to  be  received, 
or  the  drawbacks  to  be  allowed  thereon,  or  shall  make  a 
return  of  the  weight,  gauge,  or  measure  of  any  merchandise 
laden,  or  to  be  laden,  on  board  any  vessel  for  the  benefit  of 
drawback  upon  exportation,  without  having  actually 
weighed,  gauged,  or  measured  the  same,  as  the  case  may 
require,  after  such  merchandise  shall  have  been  notified  to 
the  collector  and  entered  for  exportation,  he  shall  bo  liable 
for  the  first  offense  toapenalty  of  fifty  dollars,  and  for  each 
subsequent  offense  to  a  penalty  of  two  hundred  dollars,  and 
be  discharged  from  the  public  service.  And  if  any 
inspector  or  other  officer  of  the  customs  shall  certily  the 
shipment  of  any  merchandise  entitled  to  drawback  on 
exportation  without  having  duly  inspected  and  examined 
the  same, after  he  shall  have  received  the  permit  for  lading 
such  merchandise,  or  if  the  amount  of  such  drawback 
shall  be  estimated  according  to  weight,  gauge,  or  measure, 
until  such  merchandise  shall  be  first  weighed,  gauged,  or 
measured,  as  the  case  may  require,  he  shall  be  subject  to 
the  like  penalties,  and  be  discharged  from  the  public 
servicCc, 

No  person  employed  under  the  authority  of  the  United  ^-  S..2638. 
States,  in  the  collection  of  duties  on  imports  or  tonnage, 
sliall  own,  either  in  whole  or  in  part  any  vessel,  or  act  as 
agent,  attorney,  or  consignee  for  the  owner  or  owners  of 
any  vessel,  or  of  any  cargo  or  lading  on  board  the  same; 
nor  shall  any  such  person  import,  or  be  concerned  directly 
or  indire(;tly  in  the  importation  of  any  mercliandise  for 
sale  into  the  United  States.     Pjvery  person  who  violates 


410       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

this  section  sliall  be  liable  to  a  penalty  of  five  hundred 
dollars. 

E.s.,2639.  Every  collector,  naval  officer,  and  surveyor  shall  keep 

accurate  accounts  of  all  fees  and  official  emoluments  re- 
ceived by  him,  and  of  all  expenditures,  specifying  expend- 
itures for  rent,  fuel,  stationery,  and  clerk-hire,  and  shall 
annually,  within  ten  days  after  the  thirtieth  day  of  June, 
July  31, 1894.  transmit  the  same,  verified  by  oath,  to  the  proper  Auditor, 
who  shall  annually  lay  an  abstract  of  the  same  before 
Congress.  Every  collector,  naval  officer,  or  surveyor  who 
omits  or  neglects  to  keep  such  account,  or  to  transmit  the 
same  so  verified,  shall  be  liable  to  a  penalty  of  not  more 
than  five  hundred  dollars. 

R.s.,2640.  Collectors,  naval  officers,  and  surveyors  shall  attend  in 

person  at  the  i^orts  to  whic;h  they  are  respectively  ap- 
pointed; and  shall  keep  fair  and  true  accounts  and  records 
of  all  their  transactions,  as  officers  of  the  customs,  in  such 
manner  and  form  as  may  from  time  to  time  be  dh^ected  by 
the  Secretary  of  the  Treasury ;  and  shall  at  all  times  sub- 
mit tlieir  books,  papers,  and  accounts  to  the  inspection  of 
such  persons  as  may  be  appointed  for  that  purpose;  and 
shall  once  in  every  month,  or  oftener  if  they  shall  be  re- 
quired, transmit  their  accounts  for  settlement  to  the  officer 
or  officers  whose  duty  it  shall  be  to  make  such  settlement. 
And  if  any  collector,  naval  officer,  or  surveyor  shall  omit 
to  keep  fair  and  true  accounts,  or  shall  refuse  to  submit 
forthwith  his  books,  papers,  and  accounts  to  inspection  as 
required  by  law,  or  if  any  collector  shall  omit  or  refuse  to 
render  his  accounts  for  settlement,  for  a  term  exceeding 
three  months  after  the  same  shall  have  been  required  by 
the  proper  officer,  the  delinquent  officer  shall  be  liable  to  a 
penalty  of  one  thousand  dollars,  to  be  recovered  with  costs 
of  suit, 

E.  s.,  2641.  Every  collector,  naval  officer,  and  surveyor  shall  account 

to  the  Treasury  for  all  his  emoluments,  and  also  for  all  the 
expenses  incident  to  his  office.  Such  accounts,  as  well  of 
expenses  as  of  emoluments,  shall  be  rendered  on  oath,  at 
such  times  and  in  such  forms,  and  shall  be  supported  by 
such  proofs,  as  shall  be  prescribed  by  the  Secretary  of  the 
Treasury. 

E.s.,2642.  The  services  performed  by  occasional  inspectors  shall  be 

particularly  detailed  in  the  accounts  to  be  transmitted  to 
the  Treasury,  and  certified  by  the  naval  officer  or  surveyor 
of  the  district,  if  there  be  any,  as  to  the  necessity  for  and 
l)erforniance  of  such  services. 

B.  s.,  2643.  Every  collector,  naval  officer,  and  surveyor  shall,  together 

with  his  accounts  of  the  expenses  incident  to  his  office, 
render  a  list  of  the  clerks  employed  by  him,  stating  the 
rate  of  compensation  allowed  to  each,  and  the  duties  which 
they  severally  perform ;  and  also  an  account  of  the  sums 
paid  for  stationery,  official  or  contingent  expenses,  fuel,  and 
office  rent,  stating  the  purposes  for  which  the  premises 
rented  are  applied. 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       411 

The  collector  of  customs  of  each  of  the  districts  on  the  it.  s.,  2644. 
iiortherD,  northeastern,  and  nortlnvt'stern  frontiers  shall 
render,  with  his  accounts  of  the  expenses  incident  to  his 
office,  a  list  of  the  clerks  and  other  officers  of  the  customs 
employed  by  him,  stating  the  rate  of  compensation  allowed 
to  each,  the  duties  they  severally  perfoim,  and  also  an 
account  of  the  sums  paid  for  stationeiy,  fuel,  and  all  other 
oftice  expenses,  including  office  rent;  for  all  of  which  ex- 
penses he  shall  submit  an  estimate  each  month  in  advance, 
and  shall  state  the  puri)o.ses  for  which  any  i)remises  are 
used;  and  shall  also  render  an  accurate  account  of  all  fees 
and  commissions  collected  by  him. 

All  accounts  for  salary,  compensation,  and  emoluments    ]:.s.,2645. 
shall  be  rendered  (luarterly,  at  the  end  of  each  quarter  of 
the  fiscal  year. 

All  blank-books,  blanks,  and  stationery  of  every  kind  i:.s.,2646. 
required  by  collectors  and  other  officers  of  the  customs 
shall,  so  soon  as  they  can  be  prepared  for  delivery,  by  or 
under  the  direction  of  the  Secretary  of  the  Treasury,  be 
furnished  to  them  for  the  use  of  their  respective  offices, 
upon  requisition  made  by  them,  and  the  expense  of  such 
books,  blanks,  and  stationery  shall  be  paid  outof  the'appro- 
priation  for  defraying  the  expenses  of  collecting  the  revenue 
from  customs. 

Every  collector  of  customs,  every  naval  officer,  and  every  u.  s.,  2647. 
surveyor  performing  or  having  performed  the  duties  of  a 
collector,  shall  render  a  quarter-yearly  account,  under  oath, 
to  the  Secretary  of  the  Treasury,  in  such  form  as  the  Sec- 
retary shall  prescribe,  of  all  sums  of  money  by  each  of  them 
respectively  received  or  collected  for  tines,  penalties,  or  for- 
feitures, or  for  seizure  of  merchandise,  or  upon  compromises 
made  upon  any  seizure;  or  on  account  of  suits  instituted 
for  frauds  against  the  revenue  laws;  or  for  rent  and  stor- 
age of  merchandise,  which  may  be  stored  in  the  iniblic 
store-houses,  and  for  which  a  rent  is  paid  beyond  the  rents 
paid  by  the  collector  or  other  such  officer;  or  for  custody 
of  goods  in  bonded  warehouses;  and  if  from  such  account- 
ing it  shall  appear  that  the  money  received  in  any  one  year 
by  any  collector,  naval  officer,  or  surveyor,  on  account  and 
for  rents  and  storage,  and  for  fees  and  emoluments,  shall 
in  the  aggregate  exceed  the  sum  of  two  thousand  dollars, 
such  excess  shall  be  paid  by  the  collector,  naval  officer,  or 
surveyor,  as  the  case  may  be,  into  the  Treasury  as  public 
money. 

Collectors  and  surveyors  of  the  collection  districts  on  the  ^i  s.,2648. 
northern,  northeastern,  and  northwestern  frontiers  are 
authorized  to  keep  on  sale,  at  their  several  offices,  blank 
manifests  and  clearances  required  for  the  business  of  their 
districts,  and  to  charge  the  sum  often  cents,  and  no  more, 
for  each  blank  which  shall  be  prepared  and  executed  by 
them. 


412       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

420.  Steamboat  Inspection  Service. 

R.S.,  4402.  There  shall  be  a  supervising  inspector-fieiieral,  who  shall 

be  appointed  from  time  to  time  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  and  who  shall 
be  selected  with  reference  to  his  fitness  and  ability  to  sys- 
tematize and  carry  into  effect  all  the  i)rovisions  of  law 
relating-  to  the  steamboat-inspection  service,  and  who  shall 
be  entitled  to  a  salary  of  three  thousand  five  hundred 
dollars  a  year,  and  his  reasonable  traveling  expenses,  or 
mileage  at  the  rate  of  ten  cents  a  mile,  incurred  in  the 
performance  of  his  duty. 

R.s.,4403.  The  supervising  inspector-general  shall,  under  the  direc- 

tion of  the  Secretary  of  the  Treasury,  superintend  the 
administration  of  the  steamboat-inspection  laws,  preside  at 
the  meetings  of  the  board  of  supervising  inspectors,  receive 
all  reports  of  inspectors,  receive  and  examine  all  accounts 
of  inspectors,  report  fully  at  stated  periods  to  the  Secretary 
of  the  Treasury  upon  all  matters  pertaining  to  his  official 
duties,  and  produce  a  correct  and  uniform  administration 
of  the  inspection  laws,  rules,  and  regulations. 

E.s.,4404.  There  shall  be  ten  supervising  inspectors,  who  shall  be 

appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate.  Each  of  them  shall  be  selected  for 
his  knowledge,  skill,  and  practical  experience  in  the  uses 
of  steam  for  navigation,  and  shall  be  a  competent  judge  of 
the  character  and  qualities  of  steam-vessels,  and  of  all  parts 
of  the  machinery  employed  in  steaming.  Each  supervising- 
inspector  shall  be  entitled  to  a  salary  of  three  thousand 
dollars  a  year  and  his  actual  and  reasonable  traveling 
expensco  at  the  rate  of  ten  cents  a  mile,  incurred  in  the 
performance  of  his  duty,  together  with  his  actual  and  rea- 
sonable exi)enses  for  transportation  of  instruments,  which 
shall  be  certified  and  sworn  to  under  such  instructions  as 
may  be  given  by  the  Secretary  of  the  Treasury. 

R.  s.,  4405.  The  supervising  inspectors  and  the  supervising  inspector- 

general  shall  assemble  as  a  board  once  in  each  year,  at  the 
city  of  Washington,  District  of  Columbia,  on  the  third 
Wednesday  in  January,  and  at  such  other  times  as  the  Sec- 
retary of  the  Treasury  shall  prescribe,  for  joint  consultation, 
and  shall  assign  to  each  of  the  supervising  inspectors  the 
limits  of  territory  within  wliich  he  shall  perform  his  duties. 
The  board  shall  establish  jill  necessary  regulations  required 
to  carry  out  in  the  most  effective  manner  the  provisions 
of  this  Title  [R.  S.,  4399-4:500],  and  such  regulations,  when 
approved  by  the  Secretary  of  the  Treasury,  shall  have  the 
force  of  law.  The  supervising  inspector  for  the  district 
embracing  the  Pacific  coast  shall  not  be  under  obligation 
to  attend  the  meetings  of  the  board  oftener  than  once  in 
two  years;  but  when  he  does  not  attend  such  meetings  he 
shall  make  his  communications  thereto,  in  the  way  of  a 
report,  in  such  manner  as  the  board  shall  prescribe. 

R.s.,4408.  Tiie  supervising  inspectors  shall  see  that  the  several 

boards  of  local  inspectors  within  their  respective  districts 
execute  their  duties  faithfully,  promptly,  and,  as  far  as 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       413 

possible,  uniformly  iu  all  places,  by  followinjj:  out  the  pro- 
visions of  this  Title  [R.  S.,  4;399-4r)(K)l  accord iii}?  to  the 
true  intent  and  meaning  thereof;  and  tliey  shall,  as  far  as 
practicable,  harmonize  dilferences  of  opinion  existing  in 
different  local  boards. 

The  supervising  inspector  shall  visit  any  collectlon-dis-  K.S..4409. 
trict  in  which  tbere  is  at  any  time  no  board  of  inspectors, 
and  within  which  steam- \essels  are  owned  or  employed. 
Each  supervising  inspector  shall  have  full  power  in  any 
such  district,  or  in  any  district  where,  from  distance  or  other 
cause,  it  is  inconvenient  to  resort  to  the  local  board,  to 
inspect  any  steam-vessel  and  the  boilers  of  such  steamer, 
and  to  grant  certificates  of  approval,  and  to  do  and  perform 
all  the  duties  imposed  ui)on  local  boards. 

Each  supervising  inspector  shall  report,  in  writing,  at  the  n-  s.,  4410. 
annual  meetings  of  the  board,  the  general  business  trans- 
acted in  his  district  during  the  year,  embracing  all  viola- 
tions of  the  laws  regulating  steam-vessels,  and  the  action 
taken  iu  relation  to  the  same,  all  investigations  and  deci- 
sions by  local  inspectors,  and  all  cases  of  appeal,  and  the 
result  thereof;  and  the  board  shall  examine  into  all  the 
acts  of  each  supervising  inspector  and  local  board,  and  all 
complaints  made  against  the  same,  in  relation  to  the  per- 
formance of  their  duties  under  the  law,  and  the  judgment 
of  the  board  in  each  case  shall  be  entered  upon  their  journal; 
and  the  board  shall,  as  far  as  possible,  correct  mistakes 
where  they  exist. 

The  board  of  supervising  inspectors  shall  establish  such  K.s.,44n. 
regulations  as  may  be  necessary  to  make  known  in  a  proper 
manner,  to  local  inspectors,  the  names  of  all  i)ersons 
licensed  under  the  provisions  of  this  Title  [R.  S.  4399-4500], 
the  names  of  all  x^ersons  from  whom  licenses  have  been 
withheld,  and  the  names  of  all  whose  licenses  have  been 
suspended  or  revoked;  also  the  names  of  all  steam-vessels 
neglecting  or  refusing  to  make  such  re^iairs  as  may  be 
ordered  pursuant  to  law,  and  the  names  of  all  that  have 
been  refused  certificates  of  inspection. 

There  shall  be,iu  each  of  the  following  collection  districts,    it-  s.,  4414. 
one  inspector  of  hulls  and  one  inspector  of  boilers,  namely:    Mar.i,i895. 
The  districts  of  IsTew  York,  ISTew  York;  Boston,  Massachu- 
setts;  Philadelphia,  Pennsylvania;   San  Francisco,  Cali- 
fornia;  Albany,  Kew  York;   New   London,  Connecticut; 
Baltimore, Maryland;  Buffalo,  New  York;  Cleveland, Ohio; 
New  Orleans,  Louisiana;  Norfolk,  Virginia;  Saint  Louis, 
Missouri;   Dubuque,  L)wa;   Detroit,  Michigan;   Chicago, 
Illinois;     Jacksonville,    Florida;    Bangor,    Maine;     New    Mar. 2,1895. 
Haven,   Connecticut;    Michigan,    Michigan;    Milwaukee, 
Wisconsin;  Port  Huron,  Michigan;  Willamette,  Oregon; 
Portland,  Maine;   Puget  Scmnd,  Washington;  Savannah, 
Georgia;  Pittsburg,  Pennsylvania;   Oswego,  New  York; 
Charleston,  South  Carolina;    Duluth,  Minnesota;    Louis- 
ville, Kentucky;  Evansville,Indiana;  Memphis, Tennessee; 
Nashville,  Tennessee;  Cincinnati,  Ohio;  Galli})o]is,  Ohio; 
Wheeling,  West  Virginia;  Sujjcrior,  Michigan ;  Burlington, 
Vermont;  Apalachicola, Florida;  Cralveston, Texas;  Mobile,    Apr. 21,189a 
Alabamaj  Alaska;  and  Providence,  Rhode  Island. 


414      PART   L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

The  inspector  of  hulls  and  the  inspector  of  boilers  in  the 
districts  enumerated  in  the  preceding  paragraph  shall  be 
entitled  to  the  following  salaries,  to  be  paid  under  the 
direction  of  the  Secretary  of  the  Treasury,  namely  : 

In  districts  inspecting  one  hundred  steamers  and  less  to 
a  salary  of  one  thousand  two  hundred  dollars  per  year 
each. 

In  districts  inspecting  over  one  hundred  and  less  than 
one  hundred  and  fifty  steamers,  to  a  salary  of  one  thou- 
sand five  hundred  dollars  per  year  each. 

In  districts  inspecting  one  hundred  and  fifty  and  less 
than  two  hundred  steamers,  to  a  salary  of  one  thousand 
eight  hundred  dollars  per  year  each. 

In  districts  inspecting  two  hundred  and  less  than  three 
hundred  steamers,  to  a  salary  of  two  thousand  dollars  per 
year  each. 

In  districts  inspecting  three  hundred  and  less  than  five 
hundred  steamers,  to  a  salary  of  two  thousand  two  hundred 
and  fifty  dollars  per  year  each. 

In  districts  inspecting  five  hundred  steamers  and 
upward,  to  a  salary  of  two  thousand  five  hundred  dollars 
per  year  each. 

The  Supervising  Inspector-General  shall  report  to  the 
Secretary  of  the  Treasury  the  number  of  inspections  for 
the  year  next  preceding  the  approval  of  this  Act  and  there- 
after, at  the  end  of  each  fiscal  year,  the  number  of  steamers 
insjiected  in  each  local  district  in  that  year,  which  number 
shall  be  the  basis  upon  which  shall  be  determined  the  sala- 
ries to  be  i^aid  to  local  inspectors  for  the  following  fiscal 
year,  in  the  ratio  described  in  the  preceding  paragraphs 
of  this  section.  And,  in  addition,  the  Secretary  of  the 
Treasury  may  appoint,  ui^on  the  nomination  of  the  super- 
vising inspector  of  the  district,  in  collection  districts 
where  there  are  two  hundred  and  twenty-five  steamers  and 
upward  to  be  inspected  annually,  assistant  inspectors,  at 
a  salary,  for  the  district  of  New  York,  of  two  thousand 
dollars  a  year  each;  for  the  district  of  New  Orleans,  Lou- 
isiana; Philadelphia,  Pennsylvania;  Baltimore,  Maryland; 
Boston,  Massachusetts,  Chicago,  Illinois,  and  San  Fran- 
cisco, California,  at  one  thousand  eight  hundred  dollars 
per  year  each ;  and  for  all  other  districts  at  a  salary  not 
exceeding  one  thousand  six  hundred  dollars  a  year  each; 
and  he  may  ap])oint  a  clerk  to  any  such  board  at  a  compen- 
sation not  exceeding  one  thousand  two  hundred  dollars  a 
year  to  each  person  so  appointed.  Every  inspector  pro- 
vided for  in  this  or  the  preceding  sections  of  this  Title 
[R.  S.,  4399-4500]  shall  be  paid  for  his  actual  and  reason- 
able traveling  expenses,  at  the  rate  of  eight  cents  per  mile 
incurred  in  the  performance  of  his  duty,  together  with  his 
actual  and  reasonable  expenses  for  transportation  of  instru- 
ments, which  shall  be  certified  and  sworn  to  under  such 
instructions  as  shall  be  given  by  the  Secretary  of  the 
Treasury. 

E.s.,4414.  Every  inspector  provided  for  in  this  or  the  preceding 

Feb.  15, 1896.    gg^jtions  of  this  title  shall  be  paid  his  actual  and  reasonable 


PART   L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       415 

traveling"  expenses  or  mileage,  at  the  rate  of  five  cents  a 
mile,  incurred  in  tbe  performance  of  Lis  duties,  together 
with  his  actual  and  reasonable  expenses  for  transportation 
of  instruments,  which  shall  be  certified  and  sworn  founder 
such  instructions  as  shall  be  given  by  the  Secretary  of  the 
Treasury. 

Whenever  any  vacancy  occurs  in  any  local  board  of  in-  k.  s.,«i5. 
spectors,  or  whenever  local  inspectors  are  to  be  appointed 
for  a  new  district,  [the  supervising  inspectors  shall  notify 
the  collector  or  other  chief  officer  of  the  customs  for  the 
district,  and  the  judge  of  the  district  court  for  the  district  Jim.  i6,i883. 
in  which  such  appointment  is  to  be  made,  who,  together 
with  the  supervising-  inspector,  shall  meet  together  as  a 
board  of  designators,  and  fill  the  vacant  or  new  inspector- 
ship. Such  board,  or  the  major  i)art  thereof,)  when  desig- 
nating an  inspector  of  hulls,  shall  select  a  person  of  good 
character  and  suitable  qualiiications  and  attainments  to 
perform  the  services  required  of  inspectors  of  hulls,  and 
who,  from  his  practical  knowledge  of  ship-building  and 
navigation  and  the  uses  of  steam  in  navigation,  is  fully 
competent  to  make  a  reliable  estimate  of  the  strength,  sea- 
worthiness, and  other  qualities  of  the  hulls  of  steam-vessels 
and  their  equipment,  deemed  essential  to  safety  of  life  in 
their  navigation;  and  when  designating  an  inspector  of 
boilers,  shall  select  a  person  of  good  character  and  suita- 
ble qualifications  and  attainments  to  perform  the  services 
required  of  inspectors  of  boilers,  who,  from  his  knowledge 
and  experience  of  the  duties  of  an  engineer  employed  in 
navigating  vessels  by  steam,  and  also  of  the  construction 
antl  use  of  boilers,  and  machinery,  and  appurtenances 
therewith  connected,  is  able  to  form  a  reliable  opinion  of 
the  strength,  form,  workmanship,  and  suitableness  of  boil- 
ers and  machinery  to  be  employed  without  liazard  to  life, 
from  imperfection  in  the  material,  workmanship,  or  arrange- 
ment of  any  part  of  such  apparatus  for  steaming.  No 
appointment  of  an  inspector  of  hulls  shall  be  made  with- 
out the  concurrence  of  the  supervising  inspector.  The 
inspector  of  hulls  and  the  inspector  of  boilers  thus  desig- 
nated, when  approved  by  the  Secretary  of  the  Treasury 
shall,  from  the  date  of  designation,  constitute  a  board  of 
local  inspectors. 

No  person  interested,  either  directly  or  indirectly,  in  i:.s.,44i6. 
any  patented  article  required  to  be  used  on  any  steamer 
by  this  Title  [R.  S.,  439<)-4500|,  or  who  is  a  member  of  any 
association  of  owners,  nmsters,  engineers,  or  pilots  of  steam- 
boats, or  who  is  directly  or  indirectly  pecuniarily  inter- 
ested in  any  steam-vessel,  or  who  hasnot  the  (lualiHcations 
and  requu-ements  prescribed  by  this  Title,  or  who  is  intem- 
perate in  his  habits,  shall  be  eligible  to  hold  the  odice  of 
either  supervising  or  local  inspector,  or  to  discharge  the 
duties  thereof;  and  if  any  such  i)erson  shall  attempt  to 
exercise  the  functions  of  the  office  of  either  inspector,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  i)unishable  by  a 
fine  of  five  hundred  dollars,  and  shall  be  dismissed  from 
office. 


416      PART   L. ADMINISTRATIVE   AND    EXECUTIVE    OFFICES. 

R.s.,4459.  Every  supervising:  and  local  inspector  of  steamboats 

shall  execute  a  proper  bond,  to  be  approved  by  the  Secre- 
tary of  the  Treasury,  in  such  form  and  upon  such  condi- 
tions as  the  Secretary  may  prescribe,  for  the  faithful 
performance  of  the  duties  of  his  office,  and  the  payment 
in  the  manner  provided  by  law  of  all  moneys  that  may  be 
received  by  him. 

R.s.,4460.  rpjjg  Secretary  of  the  Treasury  shall  procure  for  the  sev- 

eral supervising  inspectors  and  local  boards  of  inspectors 
such  instruments,  stationery,  printing,  and  other  things 
necessary  for  the  use  of  their  respective  offices  as  may  be 
required  therefor. 

K.s.,4461.  r^YxQ  Salaries  of  the  supervising  inspector-general,  of  all 

supervising  inspectors,  local  inspectors,  assistant  insi)ect- 
ors,  and  clerks,  provided  for  by  this  Title  [R.  S.,  4399-4500], 
together  with  their  traveling  and  other  expenses  when  on 
official  duty,  and  all  instruments,  books,  blanks,  stationery, 
furniture,  and  other  things  necessary  to  carry  into  eftect 
the  provisions  of  this  title,  shall  be  paid  for,  under  the 

June  19, 1886.   tHrectiou  of  the  Secretary  of  the  Treasury. 

K.s.,4462.  rpjjg  Secretary  of  the  Treasury  shall  make  such  regula- 

tions as  may  be  necessary  to  secure  the  proper  execution 
of  this  Title  [R.  S.,  4399-4500]. 

R.s.,4455.  rpjjg  iuspcctors  of  One  district  shall  not  modify  or  annul 

the  doings  of  the  inspectors  of  another  district  in  regard 
to  repairs,  unless  there  is  a  change  in  the  state  of  things, 
demanding  more  repairs  than  were  thought  necessary  when 
the  order  was  made.  Nor  shall  the  inspectors  of  one  dis- 
trict license  a  person  coming  from  another  district,  if  such 
person  has  been  rejected  for  unfitness  or  want  of  qualifi- 
cations. 

R.s.,4456.  rpjjgi  local  board  of  inspectors,  when  so  requested  in 

writing  by  any  master  or  owner,  shall,  under  the  direction 
of  the  supervising  inspector,  insi)ect  steamers  in  other 
collection  districts  where  no  such  board  is  established;  and 
if  a  certificate  of  ai)proval  is  not  granted,  no  other  inspec- 
tion shall  be  made  by  the  same  or  any  other  board  until 
the  objections  made  by  such  local  board  and  unreversed 
by  the  supervising  inspector  of  the  district,  are  removed. 
Nothing  in  this  section  shall  impair  the  right  of  the  inspect- 
ors to  permit  such  vessel  to  go  to  another  port  for  repairs, 
if  in  their  ojiinion  it  can  be  done  with  safety. 

R.s.,4457.  The  local  inspectors  shall  keep  a  record  of  certificates  of 

inspection  of  vessels,  their  boilers,  engines,  and  machinery, 
and  of  all  their  acts  in  their  examination  and  inspection  of 
steamers,  whether  of  approval  or  disajiproval;  and  when 
a  certificate  of  approval  is  recorded,  the  original  shall  be 
delivered  to  the  collector  or  other  chief  ofiicer  of  the  cus- 
toms of  the  district.  They  shall  also  keep  a  like  record  of 
certificates  authorizing  gunpowder  to  be  carried  as  freight 
by  any  steamer  carrying  passengers,  and  of  all  licenses 
granted  to  masters,  mates,  pilots,  and  engineers,  and  of  all 
refusals  of  the  same,  of  all  suspensions  and  revocations  of 
license,  of  all  refusals,  suspensions,  or  revocations 'of  which 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICICS.       417 

they  shall  receive  notices  from  other  distric^ts ;  and  shall 
report  to  tlie  supervising  inspector  of  their  respective  dis- 
tricts, in  writing,  their  decisions  in  cases  of  refusal  of 
licenses,  or  of  the  suspension  or  revocation  thereof,  and  all 
testimony  received  by  them  in  such  proceedings.  They 
shall  also  report  promptly  to  sucli  supervising  insi)ector  all 
violations  of  the  steamboat-laws  that  come  to  their  knowl- 
edge. They  shall  also  keep  an  accurate  account  of  every 
steamer  boarded  by  them  during  the  year;  and  of  all  their 
official  acts  and  doings,  which,  in  the  form  of  a  report,  tliey 
shall  communicate  to  the  supervising  inspector  of  the  dis- 
trict, at  such  times  as  the  board  of  supervising  inspectors, 
by  their  established  rules,  shall  direct. 

Every  inspector  who  willfully  certifies  falsely  touching  u.s.,4425. 
any  steam-vessel,  as  to  her  hull,  accommodations,  boilers, 
engines,  machinery,  or  their  appurtenances,  or  any  of  her 
equipments,  or  any  matter  or  thing  contained  in  any 
certificate  signed  and  sworn  to  by  him,  shall  be  punished 
by  fine  of  not  more  than  five  hundred  dollars,  or  imprison- 
ment for  not  more  than  six  mouths,  or  both. 

Every  inspector  of  steamboats  who,  upon  any  pretense,  r.  s.,5482, 
receives  any  fee  or  reward  for  his  services,  except  what  is 
allowed  to  him  by  law,  shall  forfeit  his  office,  and  be  other- 
wise punished  by  a  fine  of  not  more  than  five  hundred  dol- 
lars, or  by  imprisonment  not  more  than  six  months,  or  by 
both. 

421.  Marine-Hospital  Service. 

The  President,  by  and  with  the  advice  and  consent  of  k.s.,4802. 
the  Senate,  shall,  from  time  to  time,  appoint  a  surgeon  Jan.4,  isso, 
to  act  as  supervising  surgeon-general  of  marine-hospital 
service,  who  shall,  under  the  direction  of  the  Secretary  of 
the  Treasury,  supervise  all  matters  connected  with  the 
marine-hospital  service,  and  with  the  disbursement  of  the 
fund  for  the  relief  of  sick  and  disabled  seamen.  He  shall 
be  entitled  to  a  salary,  paid  out  of  the  marine-hospital 
fund,  of  not  more  than  four  thousand  dollars  a  year,  and 
to  his  necessary  traveling  expenses.  And  he  shall  make 
monthly  reports  to  the  Secretary  of  the  Treasury. 

Medical  officers  of  the  marine-hospital  service  of  the 
United  States  shall  be  appointed  by  the  President  by  and 
with  the  advice  and  consent  of  the  Senate;  and  no  person 
shall  be  so  appointed  until  after  passing  a  satisfactory 
examination  in  the  several  branches  of  medicine,  surgery 
and  hygiene  before  a  board  of  medical  officers  of  the  said 
service.  Said  examination  shall  be  conducted  according 
to  rules  prepared  by  the  supervising  surgeon-general  and 
approved  by  the  Secretary  of  the  Treasury  and  the  Presi- 
dent. Original  ap])ointments  in  the  service  shall  only  be 
made  to  the  rank  of  assistant  surgeon;  and  no  officer  shall 
be  promoted  to  the  rank  of  past  assistant  surgeon  until 
after  four  years'  service  and  a  second  examination  as  afore- 
said; and  no  i)ast  assistant  surgeon  shall  be  promoted  to 
be  surgeon  until  after  due  examination. 
NAV  99,  PT  2 27 


418       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

The  Supervising-  Surgeon-General  is  authorized  to  cause 
the  detail  of  two  surgeons  and  two  past  assistant  surgeons 
for  duty  in  the  bureau,  who  shall  each  receive  the  pay  and 
allowances  of  their  respective  grades  in  the  general  service. 

R.s.,4806.  The  Secretary  of  the  Treasury  is  authorized  to  lease,  or 

to  sell  at  public  auction,  to  the  highest  and  best  bidder,  for 
cash,  after  due  notice  in  the  public  newspapers,  such 
marine-hospital  buildings  and  lands  appertaining  thereto 
as  he  may  deem  it  advisable  to  sell,  and  to  make,  execute, 
and  deliver  all  needful  conveyances  to  the  lessees  or  pur- 
chasers tliereof  respectively;  and  the  proceeds  of  such 
leases  and  sales  are  hereby  appropriated  ft)r  the  marine- 
hospital  establishment.  But  the  hospitals  at  Cleveland  in 
Ohio,  and  Portland  in  Maine,  shall  not  be  sold  or  leased. 
And  this  section  shall  not  be  construed  to  authorize  the 
Secretary  of  the  Treasury  to  lease  or  sell  any  such  hospital 
where  the  relief  furnished  to  sick  mariners  shall  show  an 
extent  of  relief  equal  to  twenty  cases  a  day  on  an  average 
for  the  last  i)receding  four  years,  or  where  no  other  suitable 
and  sufficient  hospital  accommodations  can  be  procured 
upon  reasonable  terms  for  the  comfort  and  convenience  of 
the  patients. 

Mar.  3, 1875.  The  Secretary  of  the  Treasury  may  rent  or  lease  such 
marine-hospital  buildings,  and  the  lands  appertaining 
thereto,  as  he  may  deem  advisable  in  the  interests  of  the 
marine- hospital  service;  and  the  proceeds  of  such  rents  or 
leases  are  hereby  appropriated  for  the  said  service. 

Feb.  15, 1893.        It  shall  bc  the  duty  of  the  Supervising  Surgeon-General 
Sec.  4.  Qf  tjje  Marine  Hospital  Service,  under  the  direction  of  the 

Secretary  of  the  Treasury,  to  perform  all  the  duties  in 
respect  to  quarantine  and  quarantine  regulations  which 
are  provided  for  by  this  act,  and  to  obtain  information  of 
the  sanitary  condition  of  foreign  ports  and  places  from 
which  contagious  and  infectious  diseases  are  or  may  be  im- 
ported into  the  United  States,  and  to  this  end  the  consular 
officer  of  the  United  States  at  such  ports  and  places  as 
shall  be  designated  by  the  Secretary  of  the  Treasury  shall 
make  to  the  Secretary  of  the  Treasury  weekly  reports  of 
the  sanitary  condition  of  the  ports  and  places  at  which 
they  are  respectively  stationed,  according  to  such  forms  as 
the  Secretary  of  the  Treasury  shall  i>rescribe;  and  the  Sec- 
retary of  the  Treasury  shall  also  obtain,  through  all  sources 
accessible,  including  State  and  municipal  sanitary  authori- 
ties throughout  tlie  United  States,  weekly  reports  of  the 
sanitary  condition  of  ports  and  places  within  the  United 
States,  and  shall  prepare,  publish,  and  transmit  to  collect- 
ors of  customs  and  to  State  and  munici]>al  health  officers 
and  other  sanitarians  weekly  abstracts  of  the  consular  sani- 
tary reports  and  other  pertinent  information  received  by 
him,  and  shall  also,  as  far  as  he  may  be  able,  by  means  of 
the  voluntary  coiiperation  of  State  and  municipal  authori- 
ties, of  public  associations,  and  private  persons,  procure 
information  relating  to  the  climatic  and  other  conditions 
affecting  the  public  health,  and  shall  make  an  annual  report 


PART    L. ADMINISTKATIVH    AND    EXECUTIVE    OFFICES.       419 

of  his  operations  to  Congress,  with  snch  recommendations 
as  he  may  deem  important  to  tlie  public  interests. 

Whenever  the  proper  authorities  of  a  State  shall  surrender  scc.  s. 
to  the  United  States  the  use  of  the  buildings  and  disinfect- 
ing apparatus  at  a  State  (juarantine  station,  the  Secretary 
of  the  Treasury  shall  be  authorized  to  receive  them  and  to 
pay  a  reasonable  compensation  to  the  State  for  their  use,  if 
in  his  opinion  they  are  necessary  to  the  United  States. 

The  act  entitled  "An  act  to  prevent  the  introduction  of  see. 9. 
infectious  or  contagious  diseases  into  the  United  States,  and 
to  establish  a  national  board  of  health,'"  approved  March  3, 
1879,  be,  and  the  same  is  hereby,  repealed.  And  the  Secre- 
tary of  the  Treasury  is  directed  to  obtain  possession  of  any 
property,  furniture,  books,  paper,  or  records  belonging  to 
the  United  States  which  are  not  in  the  possession  of  an 
oflBcer  of  the  United  States  under  the  Treasury  Department 
which  were  formerly  in  the  use  of  the  iSTational  Board  of 
Health  or  any  officer  or  employe  thereof. 

422.  Immigration  Bureau. 

The  office  of  commissioner  general   of  immigration   is    Mar.s.isoi. 
hereby  created  and  established,  and  the  President,  by  and    sec.7. 
with  the  advice  and  consent  of  the  Senate,  is  authorized  and    ^^"r.  2, 1895. 
directed  to  appoint  such  officer,  whose  salary  shall  be  four 
thousand  dollars  per  annum,  i)ayable  monthly.     The  com- 
missioner-general of  immigration  shall  be  an  officer  in  the 
Treasury  Department,  under  the  control  and  supervision  of 
the  Secretary  of  the  Treasury,  to  whom  he  shall  make  annual 
reports  in  writing  of  the  transactions  of  his  office,  together 
with  such  special  reports,  in  writing,  as  the  Secretary  of  the 
Treasury  shall  require,  and  in  addition  to  his  other  duties, 
shall  have  charge  under  the  Secretary  of  the  Treasury  of 
the  administration  of  the  alien-contract  labor  laws. 

The  Secretary  shall  provide  the  commissioner-general 
with  a  suitably  furnished  office  in  the  city  of  Washington, 
and  with  such  books  of  record  and  facilities  for  the  dis- 
charge of  the  duties  of  his  office  as  may  be  necessary.  Ele 
shall  have  a  chief  clerk  at  a  salary  of  two  thousand  dollars 
per  annum  and  two  first  class  clerks. 

The  commissioners  of  immigration  at  the  several  ports    Aug.i8,i894. 
shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  hold  their  offices  for  the  term 
of  four  years,  unless  sooner  removed,  and  until  their  suc- 
cessors are  appointed. 

423.  Life-Sailing  Service. 

The  President  of  the  United  States  may,  by  and  with  .iunei8,i878. 
the  consent  of  the  Senate,  appoint  a  suitable  person,  who  sec.<i. 
shall  be  familiar  with  the  various  means  employed  in  the 
Life-Saving-Service  for  the  saving  of  life  and  proi)erty 
from  shipwrecked  vessels,  as  general  superintendent  of 
the  Life- Saving- Service,  who  shall,  under  the  immediate 
direction  of  the  Secretary  of  the  Treasury,  have  general 
charge  of  the  service  and  of  all  administrative  matters 
connected  therewith,  and  whose  compensation  shall  be  at 


420       TART    L. — ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 


tlie  rate  of  four  tliousaud  dollars  per  annum ;  and  the  Sec- 
retary of  the  Treasury'  is  authorized  to  appoint  an  assistant 
to  the  general  superintendent,  whose  compensation  shall  be 
two  thousand  five  hundred  dollars  per  annum. 

Sec.  7.  It  shall  be  the  duty  of  the  general  superintendent  to 

supervise  the  organization  and  government  of  the  em- 
ployees of  the  service;  to  prepare  and  revise  regulations 
therefor  as  may  be  necessary;  to  fix  the  number  and  com- 
pensation of  surfmen  to  be  employed  at  the  several  stations 
within  the  provisions  of  law;  to  supervise  the  expenditure 
of  all  approi^riations  made  for  the  support  and  mainte- 
nance of  the  Life-Saving-Service;  to  examine  the  accounts 
of  disbursements  of  the  district  superintendents,  and  to 
certify  the  same  to  the  accounting-officers  of  the  Treasury 
Department;  to  examine  the  proj^erty  returns  of  the  keep- 
ers of  the  several  stations,  and  see  that  all  public  property 
thereto  belonging  is  properly  accounted  for;  to  acquaint 
himself,  as  far  as  practicable,  with  all  means  employed  in 
foreign  countries  which  may  seem  to  advantageously  affect 
the  interests  of  the  service,  and  to  cause  to  be  properly 
investigated  all  plans,  devices,  and  inventions  for  the 
improvement  of  life-saving  apparatus  lor  use  at  the  stations, 
which  may  appear  to  be  meritorious  and  available;  to  exer- 
cise supervision  over  the  selection  of  sites  for  new  stations 
the  establishment  of  Avhich  may  be  authorized  by  law,  or  for 
old  ones  the  removal  of  which  may  be  made  necessary  by 
the  encroachment  of  the  sea  or  by  other  causes ;  to  prepare 
and  submit  to  the  Secretary  of  the  Treasury  estimates  tor 
the  support  of  the  service;  to  collect  and  compile  the  sta- 
tistics of  marine  disasters  contemphited  by  the  act  of  June 
twentieth,  eighteen  hundred  and  seventy-four;  and  to  sub- 
mit to  the  Secretary  of  the  Treasury,  for  transmission  to 
Congress,  an  annual  report  of  the  expenditures  of  the 
moneys  appropriated  for  the  maintenance  of  the  Life-Saving 
Service,  and  of  the  operations  of  said  service  during  the 
year. 

Sec.  8.  The  Secretary  of  the  Treasury  may  detail  such  officer  or 

officers  of  the  Eevenue  Cutter  Service  as  may  be  necessary, 
to  act  as  inspector  and  assistant  inspectors  of  stations,  who 
shall  perform  such  duties  in  connection  with  the  conduct  of 
the  service  as  may  be  required  of  them  by  the  general 
superintendent, 

June  22, 1892.  Hereafter  the  compensation  of  the  keepers  of  life-saving 
stations  shall  be  at  the  rate  of  nine  bundled  dollars  i^er 
annum,  each,  except  that  of  keei)ers  <»f  stations  known  as 
houses  of  refuge,  which  shall  be  at  the  rate  of  six  hundred 
dollars  ])er  annum,  each,  and  the  comi)ensation  of  the  mem- 
bers of  the  crews  of  the  stations,  during  the  time  the  stations 
are  manned,  shall  be  at  the  rate  of  sixty-five  dollars  per 
month,  each. 

juue  JO,  1874.       The  Secretary  of  the  Treasury  is  hereby  authorized,  when- 

see.2.  ever,  in  his  oi)inion,  it  may  become  necessary  for  the  proper 

administration  of  tlie  life-saving  service,  and  the  protection 

of  the  public  i^roperty  at  the  stations  and  houses  of  refuge 


PART    L ADMINISTRATIVE    AND    EXECUTIVE    OFEICES.       42i 

hereiu  autlioii/ed  to  l)t'  establislied,  to  ai)i>()iiit  one  supei- 
iutemleiit  for  the  coasts  of  Delaware  aiul  \'ir<;iiiia,  one  for 
tbe  coast  of  I'lorida,  one  for  tlie  (roasts  of  Lakes  Erie  and 
Ontario,  one  for  the  coasts  of  Lakes  Huron  and  tSuj)erior, 
and  one  for  tlie  coast  of  Lake  Micliifjan,  and  also  a  keeper 
for  each  of  said  stations  and  houses  of  refuge;  and  the  said 
superintendents  shall  have  the  ])owers  and  perform  the 
duties  of  inspectors  of  customs. 

The  comi)ensatiou  of  each  of  the  superintendents,  to  be  •''''•■  3- 
api)ointed  under  the  provisions  of  the  i)recedin<j  section, 
shall  uot  exceed  one  thousand  dollars  per  auuum,  and  the 
compensation  of  the  keepers  shall  uot  exceed  two  huudred 
dollars  i)er  annum,  except  that  those  employed  at  the 
houses  of  refuge  ou  the  Florida  coast  shall  reside  in  said 
houses  aud  receive  a  compensation  at  the  rate  of  forty 
dollars  per  uionth. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  ^'•'•4- 
appoint  an  assistant  to  the  superintendent  of  the  coast  of 
Long  Island  and  Rhode  Island,  who  shall  perform  the  duties 
required  of  the  sui»erintendent  at  the  life-saving  stations 
within  the  State  of  Khode  Island,  and  reside  on  Block 
Island,  and  for  his  services  he  shall  receive  an  annual  salary 
of  live  hundred  dollars. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  sec.5. 
employ  crews  of  experienced  surfmen  at  such  of  the  sta- 
tions herein  denominated  complete  stations  and  at  such  of 
the  life-boat  stations  on  the  Pacitic  coast  as  he  may  deem 
necessary  and  proper,  for  such  periods,  and  at  such  com- 
pensation, not  to  exceed  forty  dollars  per  month,  as  he  may 
deem  necessary  and  reasonable. 

The  Secretary  of  the  Treasury  may  accept  the  services  June  20,1874. 
of  volunteer  crews  of  any  of  the  life-boat  stations  herein  ^^•^■ 
authorized,  who  shall  be  subject  to  the  rules  and  regula- 
tions governing  the  life-saving  service;  and  a  list  of  the 
names  of  each  crew  shall  be  kept  in  the  office  of  the  Secre- 
tary of  the  Treasury.  Such  volunteers  shall  receive  no  com- 
liensation  except  a  sum  of  not  more  than  ten  dollars  each 
for  every  occasion  upon  which  they  shall  have  been  instru- 
mental in  saving  human  life,  and  such  of  the  medals  herein 
authorized  as  they  maybe  entitled  to  under  the  provisions 
hereinatter  made :  Provided^  That  no  payment  shall  be  made 
to  any  person  who  shall  not  have  actually  participated  in 
the  ettorts  to  save  the  life  or  lives  rescued. 

Section  six  of  said  act  of  June  twentieth,  eighteen  hun-  Juneis, i878. 
dred  and  seventy-four,  is  so  amended  as  to  extend  the  com-  sec.io. 
Ijeusation  of  the  enrolled  members  of  volunteer  crews  of 
life-boat  stations  therein  named  to  occasions  of  actual  and 
deserving  service  at  any  shipwreck,  or  in  the  relief  of  any 
vessel  in  distress,  and  that  such  persons  as  may  volunteer 
to  take  the  place  of  any  absent  or  disabled  enrolled  mem- 
bers of  a  crew,  and  who  shall  be  accepted  by  the  keeper, 
may  be  paid  therefor,  in  the  discretion  of  the  Secretary  of 
the  Treasury,  a  sum  not  to  exceed  eight  dollars  each  on 
every  such  occasion:  Provided^  That  all  crews  and  volun- 


422       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

teers  employed  uuder  authority  of  tlii«  act  who  may  be 
present  at  a  wreck  shall  be  reijuired  to  use  tlieir  utmost 
endeavors  to  save  life  and  properly  care  for  the  bodies  of 
such  as  may  perish,  and,  when  such  efforts  are  no  lonjjer 
necessary,  to  save  property  and  protect  the  same,  under 
the  direction  of  the  senior  keeper  present  or  of  the  super- 
intendent of  the  district,  until  the  arrival  of  persons  legally 
authorized  to  take  charge;  and  for  the  time  employed  in 
so  saving  and  protecting  property  volunteers  shall  be  enti- 
tled to  compensation  not  to  exceed  three  dollars  per  day 
each,  in  the  discretion  of  the  Seci-etary  of  the  Treasury. 

May  4, 1882.         jf  Q^nj  keeper  or  member  of  a  crew  of  a  life-saving  or 
Sec.  7.  life-boat  station  shall  be  so  disabled  by  reason  of  any  wound 

or  injury  received  or  disease  contracted  in  the  Life-Saving 
Service  in  the  line  of  duty  as  to  unfit  him  for  the  perform- 
ance of  duty,  such  disability  to  be  determined  in  such 
manner  as  shall  be  prescribed  in  the  regulations  of  the 
service,  he  shall  be  continued  ui)on  the  rolls  of  the  service 
and  entitled  to  receive  his  full  pay  during  the  continuance 
of  such  disability,  not  to  exceed  the  period  of  one  year, 
unless  the  general  superintendent  shall  recommend,  upon 
a  statement  of  facts,  the  extension  of  the  period  through  a 
portion  or  the  whole  of  another  year,  and  said  recommen- 
dation leceive  tbe  api)roval  of  the  Secretary  of  the  Treasury 
as  just  and  reasonable;  but  in  no  case  shall  said  disabled 
keeper  or  member  of  a  crew  be  continued  upon  the  rolls  or 
receive  pay  for  a  longer  period  tlian  two  years. 

Sec.  8.  If  any  keeper  or  member  of  a  crew  of  a  life  saving  or 

life-boat  station  shall  hereafter  die  by  reason  of  perilous 
service  or  any  wound  or  injury  received  or  disease  con- 
tracted in  the  life-saving  service  in  the  line  of  duty,  leaving 
a  widow,  or  a  child  or  children  under  sixteen  years  of  age, 
such  widow  and  child  or  children  shall  be  entitled  to  receive, 
in  equal  portions,  during  a  period  of  two  years,  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  prescribe, 
the  same  amount  payable  quarterly,  as  far  as  practicable, 
that  the  husband  or  father  would  be  entitled  to  receive  as 
pay  if  he  were  alive  and  continued  in  the  service:  Pro- 
vided, That  if  the  widow  shall  re  marry  at  any  time  during 
the  said  two  years,  her  portion  of  said  amount  shall  cease 
to  be  paid  to  her  from  the  date  of  her  remarriage,  but  shall 
be  added  to  the  amount  to  be  i^aid  to  the  remaining  bene- 
ficiaries under  the  i)ro visions  of  this  section,  if  there  be 
any;  and  if  any  child  shall  arrive  at  the  age  of  sixteen 
years  during  the  said  two  years,  the  payment  of  the  por- 
tion of  such  child  shall  cease  to  be  paid  to  such  child  from 
the  date  on  which  such  age  shall  be  attained,  but  shall  be 
added  to  the  amount  to  be  paid  to  the  remaining  benefi- 
ciaries, if  there  be  any. 

June  18, 1878.       IJpon  the  occurrcuce  of  any  shipwreck  within  the  scope 
of  the  operations  of  the  Life-Saving  Service,  attended  with 
loss  of  life,  the  general  superintendent  shall  cause  an  inves 
tigation  of  all  the  circumstances  connected  with  said  dis 
aster  and  loss  of  life  to  be  made,  with  a  view  of  ascertaining 
the  cause  of  the  disaster,  and  whether  any  of  the  officers 


Sec.  9. 


PART    T.. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       423 

or  employees  of  the  service  have  been  guilty  of  neglect  or 
miscondut't  in  the  premises;  and  any  otiicer  or  clerk  in  the 
emi)loyment  of  the  Treasury  Department  who  may  be 
detailed  to  conduct  such  investigation,  or  to  examine  into 
any  alleged  incompetency  or  misconduct  of  any  of  the 
oi'ticers  or  employees  of  the  Life-Saving  Service  shall  have 
authority  to  administer  au  oath  to  any  witness  attending 
to  testify  or  depose  in  the  course  of  such  investigation. 

The  enrolled  members  ol"  the  crews  of  life-boat  stations  ^'■'•■'^'i- 
maybe  called  out  for  drill  and  exercise  in  the  life  boat  and 
life-saving  apparatus  as  often  as  the  general  superintend- 
ent may  determine,  not  to  exceed  twice  a  month,  for  each 
day's  attendance  at  which  they  shall  be  entitled  to  the  sum 
of  three  dollars  each. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to    May  4, 1882. 
discontinue  any  life-saving  or  lifeboat  station  or  house  of   ''^^''=-- 
refuge  wlienever  in  his  Judgment  the  interests  of  commerce 
and  humanity  no  longer  require  its  existence. 

The  General  Superintendent  may  transfer  the  apparatus,  sec.  3. 
appliances,  equipments,  and  supplies  of  any  discontinued 
station  or  house  of  refuge  to  such  other  stations  or  houses 
of  refuge  as  may  need  them,  and  may  also  transfer  any 
portion  of  the  apparatus,  appliances,  equipments,  and  sup- 
plies, of  one  station  or  house  of  refuge  to  another  whenever 
in  his  judgment  the  interests  of  the  service  may  require  it. 

Hereafter  all  district  superintendents  of  life-saving  sta-    see. 4. 
tions  shall  be  disbursing  oflicers  and  paymasters  for  their 
respective  districts,  and  shall  give  such  bonds  as  the  Sec- 
retary of  the  Treasury  may  require,  and  shall  have  the 
powers  and  j)erform  the  duties  of  inspectors  of  customs. 

The  appointment  of  district  superintendents,  inspectors,    sec.  10. 
and  keepers  and  crews  of  life-saving  stations  sliall  be  made 
solely  with  reference  to  their  fitness,  and  without  reference 
to  their  political  or  party  affiliations. 

The  unexpended  balances  of  appropriations  heretofore    junois,  ists. 
made  for  the  establishment  of  life-saving  and   lifeboat    Sec.2. 
stations  are   hereby  made  available  for  the  payment  of 
the  expenses  of  the  establishment  of  the  stations  herein 
authorized. 

All  moneys  received  from  the  sale  of  old  stations  and    see  3. 
equipments  and  other  material  condemned  by  a  board  of 
survey  as  unserviceable  may  be  exi^ended  in  rebuilding  or 
improving  and  equipping  stations. 

Hereafter  the  compensation  of  the  keepers  of  life-saving  see.  4. 
and  life-boat  stations  and  houses  of  refuge  shall  be  at  the 
rate  of  four  hundred  dollars  per  annum ;  and  they  shall 
have  the  powers  of  inspectors  of  customs,  but  shall  receive 
no  additional  compensation  for  duties  performed  as  such: 
Provided,  That  said  keepers  shall  have  authority  and  be 
required  to  take  charge  of  and  protect  all  i)roperty  saved 
from  shipwreck  at  which  they  may  be  present,  until  it  is 
claimed  by  parties  legally  authorized  to  receive  it,  or  until 
otherwise  instructed  to  dispose  of  it  by  the  Secretary  of 


424       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES, 

the  Treasury;  and  keepers  of  life-saving  stations  shall  be 
required  to  reside  continually  at  or  in  the  immediate  vicinity 
of  their  respective  stations.  [Note:  Com])ens;itioii  changed 
June  22, 1892;  but  powers  bestowed  in  this  section  remain.] 

Sec. 5.  Hereafter  the  life-saving  stations  upon  the  Atlantic  and 

gulf  coasts  at  which  crews  are  employed  shall  be  manned 
and  the  stations  opened  for  active  service  on  the  tirst  day 

Aiig.3, 1894.  of  August  in  each  year,  and  so  (continue  nutil  the  first  day 
of  June  succeeding,  and  upon  the  lake  coasts  from  the 
opening  to  the  close  of  navigation,  except  such  stations  as, 
in  the  discretion  of  the  Secretary  of  the  Treasury,  are  not 
necessary  to  be  manned  during  the  full  period  specified; 
and  the  crews  shall  reside  at  the  stations  during  said 
periods. 

.Mar.  s,  18!),..  Provided,  That  those  surfmen  who  enlist  for  a  term  includ- 
ing more  tlian  eight  and  a  half  months  of  active  service, 
and  those  who  enlist  to  fill  vacancies  caused  by  the  i)iomo- 
tion,  death,  resignation  or  dismissal  of  such  surfmen  shall 
receive  sixty  dollars  per  month  during  said  period  of  active 
service. 

May  4,1882.         Orcws  may  be  employed  at  any  of  the  life-saving  or  life- 

secG.  boat  stations  on  the  Pacific  coast  during  such  portion  of 

the  year  as  the  general  superintendent  may  deem  necessary. 

June 20, 1874.       The  Secretary  of  the  Treasury  is  hereby  authorized  to 
Sec.  8.  make  all  necessary  regulations  for  the  government  of  the 

life-saving  service  not  inconsistent  with  law. 

Sec. 9.  The  Secretary  of  the  Treasury  is  hereby  authorized  to 

dispose  of,  to  the  best  advantage,  after  due  condemnation 
by  board  of  survey,  such  articles  or  materials  belonging 
to  the  life-saving  service  as  may,  from  long  continued  use 
or  other  cause,  become  unserviceable  and  the  proceeds  of 
such  sale  shall  be  covered  into  the  Treasury. 

424.  Revenue-Cutter  Service. 

July  31, 1894.  The  Secretary  of  the  Treasury  shall  detail  a  captain  of 
the  Revenue-Cutter  Service  who  shall  be  chief  of  the 
division  of  Revenue-Cutter  Service,  and  a  chief  engineer, 
who  shall  be  engineer  in  chief  of  said  Service,  but  no  addi- 
tional pay  or  emoluments  shall  be  allowed  on  account  of 
such  detail. 

R.s.,2748.  The  President  may  from  time  to  time  cause  such  of  the 

revenue-cutters  as  have  become  unfit  for  further  service  to 
be  sold;  and  the  proceeds  shall  be  paid  into  the  Treasury: 
Provided,  That  the  Secretary  of  tlie  Treasury  may  apply, 
in  the  purchase  or  construction  of  revenue-cutters,  any 
unexpended  balance  of  the  proceeds  of  revenue-cutters  sold 
by  him  under  the  authority  of  section  two  of  the  act  of 
twentieth  April,  eighteen  hundred  and  sixty-six,  chapter 
sixty-three. 

U.S., 2749.  The  officers  for  each  revenue  vessel  shall  be  one  captain, 

and  one  first,  one  second,  and  one  third  lieutenant,  and  for 
each  steam-vessel,  in  addition,  one  engineer  and  one  assist- 
ant engineer;  but  the  Secretary  of  the  Treasury  may  assign 


PAHT    L. — ADMINISTRATIVK    AND    EXECrTIVK    OFFICES.       A2f) 

to  any  vessel  Ji  jureater  number  (if  olliccis  wIk  iicNcr  in  liis 
o])ini()ii  the  iiatnie  of  tlie  service  wliicli  she  is  (liicctcd  to 
ix'ii'orm  re(|iiiies  it.  And  vessels  of  hotli  dt'sciij)!  ions  sliall 
liavesucli  iuind)eiot'  petty  orticeis  and  men  as  in  the  opinion 
of  the  Secretary  are  required  to  make  Ihem  elhcient  for 
their  service. 

Hereafter  ui)OU  the  occurring  of  a  vacancy  in  the  grade  -ihI.n •:.'i.  ikto. 
of  third  lieutenant  of  the  JievenueiMarine  Service,  the 
Secretary  of  the  Treasury  may  ai)i)oint  a  cadet  not  less 
than  eighteen  nor  more  tlian  twenty  live  yeais  of  age  with 
rank  next  below  that  of  thii'd  lieutenant,  Avliosi^  pay  shall 
be  three-fourths  that  of  a  third  lieutenant,  and  who  shall 
not  be  ap])ointed  to  a  higher  grade  until  he  shall  have 
served  a  satisfactory  i)robationary  term  ol'  two  years  antl 
])assed  the  examination  reipiired  by  the  regulations  of  said 
service:  and  upon  the  promotion  of  such  cadet  another 
maybe  ai)pointed  in  his  stead;  but  the  whole  number  of 
third  lieutenants  and  cadets  shall  at  no  time  exceed  the 
number  of  third  lieutenants  now  authorized  by  law. 

The  grades  of  engineers  shall  be  chief  engineer,  and  first,    u.  s., 2750. 
and  second  assistant  engineer,  with  the  pay  and  relative 
rank  of  first,  second,  an<l  third  lieutenant,  respectively. 

Any  chief  engineerof  the  IJevenue  Cutter  Service  who  has  June4, 1897. 
held  the  office  of  engineer  in  chief  shall  hereafter  receive 
the  pay  and  emoluments  of  a  captain  of  said  service,  and 
shall  be  eligible  for  ai)i)ointment  to  the  office  of  captain  of 
engineers  in  said  service,  with  the  pay  and  enu)luments  of 
such  captain. 

The  commissioned  officers  of  the  revenue-cutter  service    i;. s., 2701. 
shall   be   appointed   by  the   President,  by  and  with  the 
advice  and  consent  of  the  Senate. 

No  person  shall  be  appointed  to  the  office  of  captain,  first,    i:-  «■•  2752. 
second,  or  third  lieutenant,  of  any  revenue-cutter,  who  does 
not  adduce  competent  proof  of  proficiency  and  skill  in 
navigation  and  seamanship. 

The  compensation  of  the  officers  of  the  revenue-cutter    K.S..2753. 
service  shall  be  at  the  following  rates  while  on  duty: 

Captains,  twenty-five  hundred  dollars  a  year  each. 

First  lieutenants  and  chief  engineers,  eighteen  hundred 
dollars  a  year  each. 

Second  lieutenants  and  first  assistant  engineers,  fifteen 
hundred  dollars  a  year  each. 

Third  lieutenants  and  second  assistant  engineers,  twelve 
hundred  dollars  a  year  each. 

And  at  the  following  rates  while  on  leave  of  absence  or 
while  waiting  orders: 

Captains,  eighteen  hundred  dollars  a  year  each. 

First   lieutenants  and  chief  engineers,  fifteen  hundred 
dollars  a  year  each. 

Second  lieutenants  and  first  assistant  engineers,  twelve 
hundred  dollars  a  year  each. 

Third  lieutenants  and  se(;ond  assistant  engineers,  nine 
hundred  dollars  a  year  each. 


42G       PART    L ADMINISTRATIVK    AND    EXECUTIVK    OKl-^ICES. 

Aug.  18, 1894.  Cadets,  live  hundied  dolliirs  i)er  anmiiii  and  one  ration 
per  day  each. 

R.s.,2754.  The  wages  of  petty  officers  aud  seamen  of  the  revenne 

cutter  service  shall  not  exceed  the  average  wages  paid  for 
like  servics  on  the  Atlantic  or  Pacific  coasts,  respe(;tively, 
in  the  merchant  service. 

R.s.,2755.  r^ach  officer  of  the  revenue-cutter  service,  while  on  duty, 

shall  bo  entitled  to  one  Navy  ration  per  day. 

rv.s.,275G.  The  Secretary  of  the  Treasury  may  cause  contracts  to  be 

made  for  the  supply  of  rations  for  the  officers  and  men  of 
the  revenue-cutters. 

K.s.,2757.  The   revenue-cutters  shall,  whenever  the  President  so 

directs,  co-operate  with  the  Navy,  during  which  time  they 
shall  be  under  the  direction  of  the  Secretary  of  the  Navy, 
and  the  expenses  thereof  shall  be  defrayed  by  the  Navy 
1  )epartment. 

rv.s.,2761.  The  master  of  any  revenue-cutter  shall  make  a  weekly 

return  to  the  collector,  or  other  officer  of  th.e  district  under 
whose  direction  it  is  placed,  of  the  transactions  of  the  cut- 
ter, specifying  the  vessels  that  have  been  boarded,  their 
names  and  descriptions,  the  names  of  the  masters,  from 
what  port  or  ])lace  they  last  sailed,  whether  laden  or  in 
ballast,  to  what  nation  belonging,  and  whether  they  have 
the  necessary  manifests  of  their  cargoes  on  board,  and 
generally  all  such  matters  as  it  may  be  necessary  for  the 
officers  of  the  customs  to  know. 

E. s.,2762.  Tlie  officers  of  revenue-cutters  shall  perform,  in  addition 

to  the  duties  hereinbefore  j^rescribed,  such  other  duties  for 
the  collection  and  security  of  the  revenue  as  from  time  to 
time  shall  be  directed  by  the  Secretary  of  the  Treasury, 
not  contrary  to  law. 

Miir.2,i89.v  The  President  of  the  United  States  is  hereby  authorized 
to  convene  a  board,  to  be  composed  of  three  surgeons  of 
the  Marine-Hospital  Service,  to  examine  and  report  upon 
all  officers  now  in  the  Revenue  Cutter  Service  who,  through 
no  vicious  habits  of  their  own,  are  now  incapacitated  by 
reason  of  the  intirmitics  of  age  or  physical  or  mental  dis- 
ability to  efficiently  j)erform  the  duties  of  their  respective 
offices.  And  such  officers  as,  under  the  terms  of  this  Act, 
may  be  reported  by  said  board  to  be  so  permanently  inca- 
pacitated shall  be  placed  on  waiting  orders  out  of  the  line 
of  promotion,  with  one-half  active  duty  pay,  and  the  vacan- 
cies thereby  created  in  the  active  list  of  the  officers  shall 
be  tilled  by  promotion  in  the  order  of  seniority,  as  now  pro- 
vided by  law:  Provided,  hon-cver,  That  no  such  promotion 
shall  be  made  until  the  professional  qualifications  of  the 
candidate  shall  have  been  determined  by  written  examina- 
tion before  a  board  of  officers  of  the  Kevenue-Cutter  Serv- 
ice convened  by  the  Secretary  of  the  Treasury  for  that 
purpose:  Provided  further,  Tliat  the  number  of  officers 
upon  the  active  list  now  authorized  by  law  shall  not  be 
increased  by  this  Act. 


PAKT    L. — ADMINISTRATIVE    AND    EXKCUTIVK    OFFICES.       427 

425.  Light-House  Board. 

Tlie  President  shall  api)oint  two  ollicers  of  tlie  Navy,  of  i'«-<«53. 
liigli  rank,  two  ol'licers  of  the  Corps  of  lOii^iiieers  ol"  the 
Army,  and  two  oivilhuis  of  hij^h  scientific  attainments, 
whose  services  may  be  at  the  (lisi)oaal  of  the  President, 
together  with  an  otiit'er  of  the  Navy  and  an  olhcer  ol'eni^i- 
iieera  of  the  Army,  as  secretaries,  wlio  sliall  constitnte  the 
Li<j;ht-Honse  Board. 

The  Secretary  of  the  Treasury  shall  be  ex-officio  presi-    k.  ^-.^^^^ 
dent  of  the  Liglit- House  Board. 

The  Light- House  Board  shall  elect,  by  ballot,  one  of  their    ''  ^-^  ■*''''^- 
number  as  chairman  of  the  board,  wlio  shall  preside  at  their 
meetings,  when  the  president  is  absent,  and  perform  such 
acts  as  may  be  prescribed  by  the  rules  of  the  board. 

The  Light- House  Board  shall  meet,  for  the  transactiou    I'SM-tesc. 
of  business,  on  the  tirst  Mondays  in  March,  June,  Septem- 
ber, and  December.     But  the  Secretary  of  the  Treasury 
may  convene  the  board  whenever,  in  his  Judgment,  the 
exigencies  of  the  service  require  it. 

The  Light-House  Board  may  adopt  such  regulations  for    ii.  s.,  46.'-)7. 
the  government  of  their  meetings  as  they  judge  expedient. 

The  Light-House  Board  shall  be  attached  to  the  oflice  of  k.  s.,4658. 
the  Secretary  of  the  Treasury,  and  under  his  superintend- 
ence shall  discharge  all  administrative  duties  relating  to 
the  coustruction,  illumination,  inspection,  and  superintend- 
ence of  light-houses,  light-vessels,  beacons,  buoys,  sea- 
marks, and  their  appendages,  and  embracing  the  security 
of  foundations  of  works  already  existing,  procuring  illumi- 
nating and  other  apparatus,  supplies,  and  nuiterials  of 
all  kinds  for  building,  and  for  rebuilding  when  necessary, 
and  keeping  in  good  repair  the  light-houses,  light-vessels, 
beacons,  and  buoys  of  the  United  States;  and  shall  have 
the  charge  and  custody  of  all  the  archives,  books,  docu- 
ments, drawings,  models,  returns,  apparatus,  and  other 
things  appertaining  to  the  Light-House  Establishment. 

The  Light- House  Board  shall  furnish,  upon  the  requisi-  J- s. 4059. 
tion  of  the  Secretary  of  the  Treasury,  all  the  estimates  of 
expense  which  the  several  branches  of  the  light-house  serv- 
ice may  require,  and  such  other  information  as  may  be 
required,  to  be  laid  before  Congress  at  the  commencement 
of  each  session. 

The  expense  of  maintaining  the  vessels  of  the  light-house  '^^*'' ^'  ^^'^^ 
establishment,  may  be  paid  from  any  surplus  of  the  appro- 
priations for  the  works,  general  or  special,  on  which  the 
respective  vessels  are,  for  the  time  being,  employed;  and 
the  cost  of  repairs  to  such  vessels  may  be  paid  from  the 
appropriation  under  which  they  respectively  wei'eemi)loyed 
when  they  were  injured  or  became  deteriorated  to  such  an 
extent  as  to  render  the  re])airs  necessary;  or,  if  such  appro- 
priation be  exhausted,  then  from  the  appropriation  under 
which  they  are  respectively  to  be  next  employed. 


428       PART    T.. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

R  s.,4Gt;o.  The  Light- House  Board  is  authorized,  whenever  an  appro- 

])riation  lias  been  or  may  he  made  by  Congress  for  a  new 
light-house,  the  proper  site  for  which  does  not  belong  to 
the  [Jnited  States,  to  purchase  the  necessary  land,  provided 
the  ])urchase-money  be  paid  from  the  amount  appropriated 
for  such  light-house. 

R.s.,4G6i.  ]nI"o  light-house,  beacon,  public  piers,  or  landmark,  shall 

be  built  or  erected  on  any  site  until  cession  of  jurisdiction 
over  the  same  has  been  made  to  the  United  States. 

K.s.,4662.  A  cession  by  a  State  of  Jurisdiction  over  a  i)lace  selected 

as  the  site  of  a  light-house,  or  other  structure  or  work  of 
the  Light-House  p]stablishment,  shall  be  deemed  sufficient 
within  the  preceding  section,  notwithstanding  it  contains 
a  reservation  that  process  issued  under  authority  of  such 
State  may  continue  to  be  served  within  such  place.  And 
notwithstanding  any  such  cession  of  jurisdiction  contains 
no  such  reservation,  all  process  may  be  served  and  executed 
within  the  place  ceded,  in  the  same  manner  as  if  no  cession 
had  been  made. 

R.s.,4663.  Whenever  preliminary  surveys  are  required  to  ascertain 

the  necessity  for  any  light-house,  light-ship,  beacon,  or 
other  warning  to  vessels,  the  erection  of  which  is  or  may 
be  authorized  by  law,  or  to  determine  the  proper  site  for  the 
same,  or  to  ascertain  more  fully  what  the  public  exigency 
requires,  the  Secretary  of  the  Treasury  may  cause  the 
necessary  examinations  and  surveys  on  the  sea-board  to 
be  made  under  the  direction  of  the  Superintendent  of  the 
Coast  Survey,  and  those  on  the  northwestern  lakes  to  be 
made  under  the  direction  of  the  Corps  of  Engineers.  In 
all  cases  in  which  adverse  reports  are  made,  they  shall  be 
submitted  to  Congress  at  its  next  session.  In  all  cases  in 
which  the  objects  authorized  are  favorably  reported  upon, 
the  works  may  be  commenced  immediately  after  valid  titles 
and  cessions  of  Jurisdiction  shall  have  been  obtained  to  the 
sites. 

R.s.,4664  The  President  shall  cause  to  be  detailed  from  the  Engi- 

neer Corps  of  the  Army,  from  time  to  time,  such  officers  as 
may  bo  necessary  to  superintend  the  construction  and  reno- 
vation of  light-houses. 

R.  s.,46Go.  The  Light-House  Board  shall  cause  to  be  prepared  by  the 

engineer  secretary  of  the  board,  or  by  such  officer  of  engi- 
neers of  the  Army  as  may  be  detailed  for  that  service,  all 
plans,  drawings,  specifications,  and  estimates  of  cost,  of 
all  illuminating  and  other  apparatus,  and  of  construction 
and  repair  of  towers,  buildings,  «&c.,  connected  with  the 
Light-House  Establishment,  and  no  bid  or  contract  shall 
be  accepted  or  entered  into,  except  upon  the  decision  of  the 
board,  at  a  regular  or  special  meeting,  and  through  their 
properly  authorized  officers. 

R.s.,4663.  All  materials  for  the  construction  and  repair  of  light- 

houses, light-vessels,  beacons,  buoys,  and  so  forth,  shall  be 
procured  by  public  contracts,  under  such  regulations  as 
the  board  may  from  time  to  time  adopt,  subject  to  the 
approval  of  the  Secretary  of  the  Treasury,  and  all  works 


PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       420 

of  oonstructiou,  lenovatiou,  and  rei)air  shall  he  made  l>.v 
the  orders  of  the  board,  under  the  inunediatc  superintcncl 
enee  of  their  engineer  secretary,  or  of  such  cii^ineer  of  the 
Army  as  may  be  detailed  for  that  service. 

Hereafter  it  shall  be  the  duty  of  the  Lijiht-IIouse  Board    '"'y  7,  mi. 
to  apply  the  money  appropriated,  other  than  for  surveys, 
as  far  as  can  be  without  detriment  to  the  interests  of  the 
Government,  by  contract. 

Xo  contract  for  the  erection  of  any  light  house  shall  be  1;. s.,46G7. 
made  except  after  j)ublic  advertisement  for  proposals  in 
such  form  and  manner  as  to  secure  general  notice  thereof, 
and  the  same  shall  only  be  made  with  the  lowest  bidder 
therefor,  ui)on  security  deemed  sufficient  in  the  judgment 
of  the  Secretary  of  the  Treasury. 

Whenever  any  of  the  light- vessels  occupying  positions  R. s.,46e8. 
which  are  adapted  to  the  erection  of  lighthouses  ui)on 
pile-foundations  require  to  be  rebuilt,  or  require  such  ex- 
tensive rei)airs  as  to  render  the  substitution  of  such  light- 
house advisable  and  practicable,  such  permanent  struc- 
tures may  be  erected  in  place  of  any  such  light- vessels; 
but  the  expense  arising  from  all  such  changes  and  erections 
shall  be  defrayed  from  the  general  annual  appropriations 
for  repairs,  and  so  forth,  of  light- vessels,  except  when  a 
special  appropriation  is  made  for  such  change. 

The  Light-House  Board,  with  the  approval  of  the  Secre-  ks.,4669. 
tary  of  tlie  Treasury,  shall  prescribe,  and  from  time  to  time 
may  alter  or  amend,  and  cause  to  be  distributed,  such  reg- 
ulations as  they  deem  proper  for  securing  an  efficient,  uni- 
form, and  economical  administration  of  the  Light-House 
Establishment. 

The  Light-House  Board  shall  arrange  the  ocean,  gulf,    R.s.,46to. 
lake,  and  river  coasts  of  the  L^nited  States  into  light-house    Ju'y  26,1886. 
districts,  not  exceeding  sixteen  in  number.     Any  law  or 
regulation  i^rohibiting  the  employment  in  the  light  houses 
of  the  United  States  of  persons  more  than  forty-five  years 
of  age  is  hereby  repealed. 

The  jurisdiction  of  the  Light-House  Board  is  hereby  juno 23,1874. 
extended  over  the  Mississippi,  Ohio  and  Missouri  rivers 
for  the  establishment  of  such  beacon  lights,  day  beacons, 
and  buoys  as  may  be  necessary  for  the  use  of  vessels  navi- 
gating those  streams;  and  for  this  purpose  the  said  board 
is  hereby  required  to  divide  the  designated  rixcrs  into  one 
or  two  additional  light-house  districts,  to  be  in  all  respects 
similar  to  the  already  existing  lighthouse  districts;  and  is 
hereby  authorized  to  lease  the  necessary  ground  for  all  such 
lights  and  beacons  as  are  used  to  point  out  (;hangeable 
channels  and  which  in  consequence  can  not  be  made  per- 
manent. 

An  officer  of  the  Army  or  Navy  shall  be  assigned  to  ks.,467i. 
each  district  as  a  light  house  inspector,  subject  to  the  orders 
of  the  Light-House  Boaid;  and  shall  receive  for  such  serv- 
ice the  same  i)ay  and  emoluments  that  he  would  be  entitled 
to  by  law  for  the  performance  of  duty  in  the  regular  line 
of  his  profession,  and  no  other,  except  the  legal  allowance 


430      PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

l)er  mile,  when  traveling  under  orders  connected  with  his 
duties. 

K.s.,4672.  The  Secretary  of  the  Treasury  shall  assign  to  any  of  the 

coll<  ctors  of  the  customs  the  superintendence  of  such  light- 
houses, beacons,  light-ships,  and  buoys,  as  he  deems  best. 

K.s.,4C73.  The  Secretary  of  the  Treasury  is  authorized  to  regulate 

the  salaries  of  the  respective  keepers  of  light-houses  in 
such  manner  as  he  deems  just  and  proper,  but  the  whole 
sum  allowed  for  such  salaries  shall  not  exceed  an  average 
of  six  hundred  dollars  to  each  keeper. 

R.s.,4674.  j^\^Q  Secretary  of  the  Treasury  may,  upon  the  recom- 

mendation of  the  Light-House  Board,  discontinue  from 
time  to  time  such  lights  as  may  from  any  cause  become 
useless  or  unnecessary.  And  he  may,  upon  the  like  recom- 
mendation, from  time  to  time  re-establish  any  lights  which 
have  been  thus  discontinued,  whenever  he  believes  such 
re-establishment  to  be  required  by  public  convenience  or 
the  necessities  of  trade  or  commerce. 

E.  S..4675.  The  Secretary  of  the  Treasury  shall  have  power  to  order 

the  sale  at  auction,  after  due  public  notice,  of  any  real 
estate  or  other  property  pertaining  to  the  light-house  estab- 
lishment, no  longer  required  for  lighthouse  purposes;  the 
proceeds  of  such  sales,  after  the  payment  therefrom  of  the 
expenses  of  making  the  same,  to  be  deposited  and  covered 
into  the  Treasury  as  miscellaneous  receipts,  as  now  pro- 
vided by  law  in  like  cases. 

11.  s.,  4679.  ^o  additional  salary  shall  be  allowed  to  any  civil,  mili- 

tary, or  naval  officer  on  account  of  his  being  employed  on 
the  Light-House  Board,  or  being  in  any  manner  attached 
to  the  light-house  service. 

U.S., 4680.  ]>^Q  member  of  the  Light-House  Board,  inspector,  light- 

keeper,  or  other  person  in  any  manner  connected  with  the 
light-house  service,  shall  be  interested,  either  directly  or 
indirectly,  in  any  coji tract  for  labor,  materials,  or  supplies 
for  the  light  house  service,  or  in  any  patent,  ])lan,  or  mode 
of  construction  or  illumination,  or  in  any  article  of  supply 
for  the  light-house  service. 

426.   Treasury  agents. 

R.s.,2649.  The  Secretary  of  the  Treasury  may  appoint  one  super 

Mar.3,1891.  visiiig  S[)ecial  agent,  who  shall  receive  in  addition  to  the 
necessary  traveling  exi)enses  actually  incurred  by  him,  a 
compensation  of  ten  dollars  per  day;  eighteen  special 
agents,  who  shall  each  receive  in  addition  to  the  necessar\ 
traveling  ex])enses  actually  incurred  by  him,  a  compensa 
tion  to  be  fixed  by  the  Secretary  of  the  Treasury,  not  to 
exceed  eight  dollars  per  day;  and  nine  si>ecial  agents,  who 
shall  each  receive  in  addition  to  the  necessary  traveling 
expenses  actually  incurred  by  him,  a  compensation  to  be 
fixed  by  the  Secretary  of  the  Treasury  not  to  exceed  six 
dollars  per  day,  for  the  purpose  of  making  the  examiiia 
tions  of  the  books,  papers,  and  accounts  of  collectors  and 
other  officers  of  the  customs,  and  to  be  employed  generally, 


PART    L. — ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       431 

under  the  direction  of  the  Secretary,  in  the  prevention  and 
detection  of  frands  on  the  customs  rcvenne;  and  the 
expense  thereof  shall  be  charjicd  to  the  ''appropriation  to 
tlefray  the  expense  of  collecting  the  revenue  from  customs.'' 

The  Secretary  of  the  Treasury  may,  from  time  to  (ime,  k.s.,265i. 
make  such  regulations  not  inconsistent  with  law,  for  the 
government  of  the  sjjccial  agents,  as  he  deems  expedient, 
and  may  rescind  or  alter  regidatious  so  made.  I>ut  no 
special  agent,  in  addition  to  those  authorized  by  the  two 
preceding  sections  [Sec.  204J>  as  amended],  shall  be  ap- 
pointed or  employed  ai)on  any  business  relating  to  the 
customs  revenue;  nor  shall  any  sum  be  paid  to  any  agent 
authorized  to  be  employed  for  mileage  or  any  other  expen- 
ses except  such  as  are  actually  incurred  in  the  discharge 
of  his  official  duty. 

It  shall  be  the  duty  of  all  officers  of  the  customs  to  exe  k.s.,2662. 
cute  and  carry  into  effect  all  instructions  of  the  Secretary 
of  the  Treasury  relative  to  the  execution  of  the  revenue 
laws;  and  in  case  any  difficulty  shall  arise  as  to  the  true 
construction  or  meaning  of  any  part  of  the  revenue  laws, 
the  decision  of  the  Secretary  of  the  Treasury  shall  be 
conclusive  and  binding  upon  all  officers  of  the  customs. 

The  Secretary  of  the  Treasury  is  hereby  authorized,  when  R-  s-,  2653. 
ever  he  shall  think  it  advantageous  to  the  public  service,  to 
abolish  or  suspend  the  offi(;e  of  naval  officer,  or  any  other 
subordinate  office,  in  any  collection-district  of  the  United 
States,  except  in  Boston,  New  York,  Philadelphia,  Balti- 
more, Charleston,  Savannah,  Portland  in  Maine,  and  San 
Francisco,  and  to  assign  the  duties  of  the  office  or  any 
other  subordinate  office  so  abolished  or  suspended  to  a 
deputy  collector  or  inspector  of  the  customs;  and  so  much 
of  all  fines,  penalties,  and  forfcitun  s  as  would  otherwise 
inure  to  either  of  such  naval  officers  shall,  after  the  dis- 
continuance of  their  offices,  respectively,  be  i)aid  into  the 
Treasury  of  the  United  States,  and  there  credited  to  the 
fund  for  defraying  the  expenses  of  collecting  the  revenue 
from  customs. 

The  Secretary  of  the  Treasury  is  authorized  to  appoint    k  s.,in73. 
one  agent  and  three  assistant  agents,  who  shall  be  charged 
with  the  management  of  the  seal  fisheries  in  Alaska,  and 
the  performance  of  such  other  duties  as  may  be  assigned 
to  them  by  the  Secretary  of  the  Treasury. 

The  agent  shall  receive  the  sum  of  ten  dollars  each  day,  k. '^  lo^i 
one  assistant  agent  the  sum  of  eight  dollars  each  day,  and 
two  assistant  agents  the  sum  of  six  dollars  eacli  da\ 
while  so  employed;  and  they  shall  also  be  allowed  their 
necessary  traveling  exi)enses  in  going  to  and  returning 
from  Alaska,  for  which  expenses  vouchers  shall  be  pre- 
sented to  the  i)roper  accounting  officers  of  the  Treasury, 
and  such  expenses  shall  not  exceed  in  the  aggregate  six 
hundred  dollars  each  in  any  one  year. 

Such  agents  shall  never  be  interested,  directly  or  indi-    us.  1975. 
rectly,  in  any  lease  of  the  right  to  take  seals,  nor  in  any 


432      PART   L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

proceeds  or  profits  thereof,  eitlier  as  owner,  agent,  partner, 
or  otherwise. 

II. s.,  1976.  Such  agents  are  empowered  to  administer  oaths  in  all 

cases  relating  to  the  service  of  the  United  States,  and  to 
take  testimony  in  Alaska  for  the  use  of  the  Government  in 
any  matter  concerning  the  i)ublic  revenues. 

K.s.,2999.  For  the  purpose  of  better  guarding  against  frauds  upon 

the  revenue  on  foreign  merchandise  transported  between 
the  ports  of  the  Atlantic  and  tliose  of  the  Pacific  overland 
through  any  foreign  territory,  the  Secretary  of  the  Treasury 
may  appoint  special  sworn  agents  as  inspectors  of  the  cus- 
toms, to  reside  in  such  foreign  territory  where  such  mer- 
chandise may  be  landed  or  embarked,  with  power  to 
superintend  the  landing  or  shipping  of  all  merchandise, 
passing  coastwise  between  the  ports  of  the  United  States 
on  the  Pacific  and  the  Atlantic.  It  shall  be  their  duty, 
under  such  regulations  and  instructions  as  the  Secretary 
of  the  Treasury  may  prescribe,  to  guard  against  the  per- 
petration of  frauds  upon  the  revenue.  The  comi)ensation 
paid  to  such  inspectors  shall  not  in  the  aggregate  exceed 
five  thousand  dollars  per  annum. 

427.  Coast  and  Geodetic  Survey. 

R.  s.,46si.  The  President  is  authorized  to  cause  a  survey  to  be  taken 

of  the  coasts  of  the  United  States,  in  which  shall  be  desig- 
nated the  islands  and  shoals,  with  the  roads  or  places  of 
anchorage,  within  twenty  leagues  of  any  part  of  the  shores 
of  the  United  States;  and  also  the  respective  courses  and 
distances  between  the  principal  capes  or  headlands,  to- 
gether with  such  other  matters  as  he  may  deem  proper  for 
completing  an  accurate  chart  of  every  part  of  the  coasts. 

E.s.,4682.  The  President  may  also  cause  such  examinations  and 

observations  to  be  made  with  respect  to  Saint  George's 
Bank,  and  to  any  other  bank,  or  shoal,  and  the  soundings 
and  currents,  although  beyond  the  distance  of  twenty 
leagues  from  the  sbore  to  the  Gulf  Stream,  as  he  may  deem 
especially  sul)servient  to  the  commercial  interests  of  the 
United  States. 

R.s.,4683.  ^11  approi)riations  made  for  the  work  of  surveying  the 

coast  of  the  United  States  shall  be  expended  in  accordance 
with  the  plan  of  reorganizing  tlie  mode  of  executing  the 
survey  which  has  been  submitted  to  the  President  by  a 
board  of  officers  organized  uiuler  the  act  of  March  three, 
eighteen  hundred  and  forty-three,  chapter  one  hundred. 

R.s.,4684.  The  President  shall  carry  into  eiifect  the  plan  of  the  board, 

as  agreed  upon  by  a  majority  of  its  members;  and  shall 
cause  to  be  employed  as  many  officers  of  the  Army  and 
Navy  of  the  United  States  as  will  be  compatible  with  the 
successful  ])rosecution  of  the  work ;  the  officers  of  the  Navy 
to  be  employed  on  the  hydrographical  parts,  and  the  ofldcers 
of  the  Army  on  the  topographical  parts  of  the  work;  and 
no  officer  of  the  Army  or  Navy  sliall  receive  any  extra  pay 
out  of  any  appropriations  for  surveys. 


PART    L. ADMINISTRATIVE    AND    KXKC'UTIVE    OFFICES.       433 

The  President  is  authorized,  in  executiiiii-  the  iirovisions  k.s.,4«85. 
of  this  Title  1 11.  S.,4()81-4{)!)1 1,  to  use  all  mai)S,ehjuts.  books, 
instruments,  and  apparatus  belonging;  to  the  United  States, 
and  to  direct  wliere  tlie  same  shall  be  dei)osited,  and  to 
emi)loy  all  pei'sons  in  the  land  or  naval  service  of  the  United 
States,  and  such  astronomers  and  other  persons,  as  he  shall 
deem  proper. 

The  President  is  authorized,  for  any  of  the  purposes  of  r.s.,4686. 
surveying-  the  coast  of  the  United  States,  to  cause  to  be 
employed  such  of  the  public  vessels  in  actual  service  as  he 
deems  it  expedient  to  employ,  and  to  give  such  instructions 
for  regulating  their  conduct  as  he  deems  proper,  according 
to  the  tenor  of  this  Title  [K.  S.,  4681-4091], 

OHicers  of  the  Army  and  Navy  shall,  as  far  as  practica-    r.s.,4087. 
ble,  be  employed  in  the  work  of  surveying  the  coast  of  the 
United  States,  whenever  and  in  the  manner  required  by 
the  Department  having  charge  thereof. 

The  Secretary  of  the  Treasury  may  make  such  allowances  R.s.,4688. 
to  the  officers  and  men  of  the  Army  and  Navy,  while  em- 
ployed on  Coast  Survey  service,  for  subsistence,  in  addition 
to  their  compensation,  as  he  may  deem  necessaiy,  not 
exceeding  the  sum  authorized  by  the  Treasury  regulation 
of  the  eleventh  daj^  of  May,  eighteen  hundred  and  forty- 
four. 

Nor  shall  there  hereafter  be  made  any  allowance  for  sub-  Aug.yo.isoo. 
sistence  to  oflicers  of  the  Navy  attached  to  the  Coast  and 
Geodetic  Survey,  except  that  wiien  otiicers  are  detached 
to  do  work  away  from  their  vessels  under  circumstances 
involving  them  in  extra  expenditures,  the  Superintendent 
may  allow  to  any  such  officer  subsistence  at  a  rate  not 
exceeding  one  dollar  per  day  for  the  period  actually  covered 
by  such  duty  away  from  such  vessel. 

The  salary  of  the  Sui)erintendent  of  the  Coast  Survey    r.s..4689. 
shall  be  six  thousand  dollars  a  year. 

The  Coast  Survey  report  shall  be  submitted  to  Congress  R.Sm469u. 
during  the  month  of  December  in  each  year,  and  shall  be 
accompanied  by  a  general  chart  of  the  whole  coasts  of  the 
United  States,  on  as  large  a  scale  as  convenient  and  prac- 
ticable, showing,  as  near  as  practicable,  the  configuration 
of  the  coasts,  and  showing,  by  lines,  the  probable  limits  of 
the  Gulf  Stream,  and  showing,  by  lines,  the  probable  lin)it 
to  which  the  soundings  oft'  the  coast  will  extend,  and  show- 
ing, by  the  use  of  colors  and  explanations,  the  exact  por- 
tions of  our  coasts,  of  which  complete  charts  have  been 
l)ublished  by  the  Coast  Survey;  also,  showing  such  other 
parts  of  the  coasts  of  which  the  triangulation,  the  topog- 
raphy, and  the  soundings  huxe  been  completed,  but  not 
published,  and,  also,  such  parts  of  the  coasts  of  which  the 
triangulation  and  topography,  or  the  triangulation  only, 
have  been  completed. 

428.  District  court  commissioners. 

The  terms  of  oflice  of  all  commissioners  of  the  circuit    May  28,  i896. 
courts  heretofore  aiipointed  shall  expire  on  the  thirtieth  day 

NAV  {»!),  PT  2 li8 


434       PART    L. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES. 

of  June,  eighteeu  liundred  and  niiiety-seveu ;  aud  such  office 
shall  on  that  day  cease  to  exist,  aud  said  commissioners 
shall  then  deposit  all  the  records  and  other  official  papers 
appertaining  to  their  offices  in  the  office  of  the  clerk  of  the 
circuit  court  by  which  they  were  appointed.  All  proceed- 
ings pending,  returnable,  unexecuted,  or  unfinished  at  said 
date  before  any  such  commissioner  shall  be  continued  and 
disposed  of  according  to  law  by  such  commissioner  appointed 
as  herein  provided,  as  may  be  designated  by  the  district 
court  for  that  purpose.  It  shall  be  the  duty  of  the  district 
court  of  each  judicial  district  to  appoint  such  number  of 
persons,  to  be  known  as  United  States  commissioners,  at 
such  places  in  the  district  as  may  be  designated  by  the  dis- 
trict court,  which  United  States  commissioners  shall  have 
the  same  powers  and  perform  the  same  duties  as  are  now 
imposed  upon  commissioners  of  the  circuit  courts.  The 
appointment  of  such  United  States  commissioners  shall  be 
entered  of  record  in  the  district  courts,  and  notice  thereof 
at  once  given  by  the  clerk  to  the  Attorney-General.  That 
such  United  States  commissioners  shall  hold  their  offices, 
respectively,  for  the  term  of  four  years,  but  they  shall  be  at 
any  time  subject  to  removal  by  the  district  court;  and  no 
person  shall  at  any  time  be  a  clerk  or  deputy  clerk  of  a 
United  States  court  and  a  United  States  commissioner  with- 
out the  approval  of  the  Attorney-General:  Provided,  That 
all  acts  and  parts  of  acts  applicable  to  commissioners  of  the 
circuit  courts,  except  as  to  appointment  and  fees,  shall  be 
applicable  to  United  States  commissioners  appointed  undei 
this  Act.  Warrants  of  arrest  for  violations  of  internal  rev- 
enue laws  may  be  issued  by  United  States  commissioners 
upon  the  sworn  complaint  of  a  United  States  district  attor- 
ney, assistant  United  States  district  attorney,  collector  or 
deputy  collector  of  internal  revenue,  or  revenue  agent  or 
private  citizen,  butuo  such  warrant  of  arrest  shall  be  issued 
upon  the  sworn  complaint  of  a  private  citizen  unless  first 
approved  in  writing  by  a  United  States  district  attorney. 
That  United  States  commissioners  and  all  clerks  of  United 
States  courts  are  hereby  authorized  to  administer  oaths. 


Part  LL— FEES   PAYABLE  BY  PRIVATE    PERSONS. 


429.  Fees  on  vesseis  payable  oy  private  persons. 

[Note— By  section  1  of  the  act  of  Juno  19,  1886,  and  .section  22  of  the  act  of  Juno  10,  1890.  the 
system  of  compensating  officers  of  the  Governnicnti  enforcing  the  navigation  hiws  was  materially 
clianged.  Nearly  all  the  fees  itreviou.sly  collected  by  tlicni  from  masters  and  owners  of  vessels  of 
1  he  United  States  for  services  rendered  were  abolished,  and  payment  made  directly  from  the  Treasury 
on  the  basis  of  the  former  fees.  For  this  reai»on,  wherever  practicable  in  the  text  of  tliis  compilation, 
provisions  requiring  the  payment  of  fees  have  been  omitted  as  no  longer  in  forre  between  the  master 
or  owner  of  a  vessel  of  the  United  Staters  and  the  Government,  but  in  force  only  as  determining  the 
compensation,  in  some  instances,  paid  by  the  Government  to  its  emnloyees. 

Following  aie  the  seclions  of  law  above  referred  to,  with  a  scliennle  of  th(^  fees  which  still  remain 
payable  by  the  owner,  master,  or  agent  of  a  vessel  of  the  Tnited  States  at  ports  on  the  seaboard  and 
western  rivers,  and  also  at  ports  on  the  Great  J^akes  and  northern,  northeastern,  and  northwestern 
frontiers.] 

On  and  after  July  first,  eigkteeu  hundred  and  eighty-six,  ■T"'>o19,  isse. 
no  fees  sliall  be  charged  or  collected  by  collectors  or  other 
officers  of  customs,  or  by  inspectors  of  steam- vessels  or  ship- 
ping commissioners,  for  the  following  services  to  vessels  of 
the  United  States,  to  wit:  Measurement  of  tonnage  and 
certifying  the  same;  issuing  of  license  or  granting  of  cer- 
tificate of  registry,  record,  or  enrollment,  including  all  in- 
dorsements on  the  same  and  bond  and  oath;  indorsement 
of  change  of  master;  certifying  and  receiving  manifest, 
including  master's  outli  and  permit ;  granting  permit  to  ves- 
sels licensed  for  the  fisheries  to  touch  and  trade;  granting 
certificate  of  payment  of  tonnage  dues;  recording  bill  of 
sale,  mortgage,  hyi^othecation,  or  conveyance,  or  the  dis- 
charge of  such  mortgage  or  hypothecation;  furnishing  cer- 
tificate of  title;  furnishing  the  crew  list,  certificate  of  j^ro- 
tection  to  seamen;  bill  of  health;  shipping  or  discharging 
of  seamen,  as  provided  by  title  fifty-three  of  the  Revised 
Statutes  [R.  S.,  4501-4612]  and  section  two  of  this  act;  ap- 
prenticing boys  to  the  merchant  service;  inspecting,  exam- 
ining, and  licensing  steam- vessels,  including  inspection 
certificate  and  copies  thereof;  and  licensing  of  master, 
engineer,  pilot,  or  mate  of  a  vessel ;  and  all  provisions  of 
laws  authorizing  or  ref|uiring  the  collection  of  fees  for  such 
services  are  repealed,  such  repeal  to  take  effect  July  first, 
eighteen  hundred  and  eighty-six.  Collectors  or  other  offi- 
cers of  customs,  inspectors  of  steam- vessels,  and  shipping 
commissioners  who  are  paid  wholly  or  i)artly  by  fees  shall 
make  a  detailed  report  of  such  services,  and  tlie  fees  i)ro-  • 
vided  bylaw,  to  the  Secretaiy  of  the  Treasury,  under  such 
regulations  as  that  oftic.er  may  ])rescribe;  and  the  Secretary 
of  the  Treasury  shall  allow  and  i)ay,  fi-om  any  money  in  the 
Treasury  not  otherwise  ai)propriated,  said  officers  such  com- 
pensation for  said  services  as  ea<;h  would  have  received 
prior  to  the  passage  of  this  act;  al.'^o  such  compensation  to 
clerks  of  shipi>ing  commissioners  as  would  ha\e  been  i)aid 
them  had  this  act  not  ]>assed :  f'rovided,  That  sucli  services 
have,  in  the  opinion  of  the  Secretary  of  the  Treasury,  been 
necessarily  rendered. 

435 


436  PART    LI. FEES    PAYABLE    BY    PRIVATE    PERSONS. 

June  10, 1890.       ji^\\  fees  Gxactecl  and  oaths  administered  by  officers  of  the 
Sec.  22.  customs,  except  as  provided  in  this  act,  under  or  by  virtue 

of  existing  laws  of  the  United  States,  upon  the  entry  of 
imported  goods  and  the  passing  thereof  tlirough  the  cus- 
toms, and  also  upon  all  entries  of  domestic  goods,  wares, 
and  merchandise  for  exportation,  are  hereby  abolished: 
*  *  *  Provided,  That  where  such  fees,  under  existing 
laws,  constitute,  in  whole  or  in  part,  the  compensation  of 
any  officer,  such  officer  shall  receive,  from  and  after  the 
passage  of  this  act,  a  fixed  sum  for  each  year  equal  to  the 
amount  v>hich  he  would  have  been  entitled  to  receive  as 
fees  for  such  services  during  said  year. 

FORTS  OX  ATLANTIC,  PACIFIC,  AND  GULF  COASTS  AND  WESTERN  RIVERS. 

For  inspector's  certificate  to  cancel  bond,  etc $0.  20 

Granting  permit  to  a  vessel  not  belonging  to  a  citizen  of  the  United  States  to 

go  from  district  to  district,  and  for  receiving  manifest 2.00 

Receiving  manifest,  and  granting  permit  to  unload,  for  last-mentioned  vessel 

on  arrival  at  one  district  from  another 2.  00 

Entry  of  vessel  of  100  tons  or  more  from  foreign  port 2.  50 

Entry  of  vessel  under  100  tons 1.  50 

Clearance  of  vessel  of  100  tons  or  more  for  a  foreign  port 2.  50 

Clearance  of  vessel  under  100  tons 1. 50 

Post-entry 2.00 

Bond  taken  officially,  not  otherwise  provided  for,  except  when  executed  in 
connection  with  the  entry  or  inissage  of  goods  through  the  customs,  or  Avith 

the  entry  of  merchandise  for  exportation 40 

Official  certilicate,  except  as  above  stated 20 

Collector's  certilicate  to  shipping  articles 20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry  of  mer- 
chandise, etc.,  under  act  1890 20 

Certified  copy  of  outward  manifest,  if  required 20 

Copy  of  marine  document. ,. 20 

Official  documents  (United  States  vessels' documents  excepted)  required  by 
any  merchant,  owner,  or  master  of  any  vessel  not  before  enumerated, 

including  bills  of  health  for  foreign  vessels 20 

Services  other  than  admeasurement  to  be  performed  by  the  surveyor  in  foreign- 
going  vessels  of  100  tons  or  more,  having  on  board  merchandise  subject  to 
to  duty.  Revised  Statutes,  4186  (not  applicable  to  vessels  without  cargo 

but  w^itli  excess  of  sea-stores) 3.  00 

For  like  services  in  vessels  under  100  tons  having  similar  merchandise 1.50 

For  like  services  on  all  foreign-going  vessels  not  having  merchandise  subject 

to  duty 67 

Certified  copy  of  bill  of  sale,  mortgage,  or  other  conveyance 50 

Duties  performed  by  the  surveyor  on  vessel  of  100  tons  or  upwards,  if  there 

be  dutiable  cargo 3.  00 

Duties  performed  by  surveyor  on  vessel  of  less  than  100  tons,  if  there  be 

dutiable  cargo 1. 50 

Duties  performed  by  surveyor  on  vessel  of  whatever  tonnage  with  free  cargo 

or  ballast 67 

Tonnage  duty,  if  due 

Certificate  ])ayment  tonnage  dues,  foreign  vessel 20 

Bill  of  health,  foreign  vessel 20 

Bond  to  retain  cargo  on  board,  if  recjuired 40 

Certificate  of  American  growth  or  production,  if  required 20 

Clearance  of  an  American  vessel  for  a  foreign  port:  Fee  same  as  above  (but 
no  fee  collectible  for  bill  of  health,  certificate  jiayment  tonnage  tax,  crew- 
list,  or  bond). 
Certificate  to  shipping  articles,  if  required 20 

The  fees  allowed  to  surveyors  for  services  other  than  admeasurement  on  board  vessels 
may  be  charged  by  the  collectors  performing  such  services  at  ports  where  there 
are  no  surveyors,  but  such  fees  will  not  be  collected  from  coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  burden  will  not  be  charged. 

Collectors  may  receive  port  warden's,  health  officer's,  and  harbormaster's  fees  where 
it  is  a  matter  of  convenience  to  all  parties  concerned. 


PART    LT. FEES    PAYABLE    liY    PRIVATE    PERSONS.  437 

The  term  "legal  fees,"  used  in  section  420(),  Kmiscd  .Stnlntes,  ilops  not  ine:in  pilot- 
ajje,  half-pilotaji'e,  orsiniilar  local  ehaifjcs. 

Masters  of  passonj^er  vessels  from  foreij;n  territory  not  contiguous  to  the  United 
States  are  re(iulre<l  to  pay,  within  twenty-four  hours  from  entry,  to  the  collector 
of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over  8  years  of  age  (not 
lieing  a  cabin  passenger)  who  shall  have  died  of  natural  disease  during  the 
voyage. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  pulilic  i)lace 
in  tlicir  oflices  a  fair  talilo  of  the  fees  dcniandahle  hy  law  at  their  jtorls,  subject 
at  all  tinu'.s  to  inspection,  and  to  give  reccijtts  for  fees  collected,  sjjecifying  llic 
l)articnlars,  whenever  ro(|uircdto  do  so.  I'ailure  to  observe  these  rctiuiremcnts 
entails  a  penalty  of  $100  for  the  benefit  of  the  informer. 

PORTS  ON  NORTHERN,  NORTHEASTERN,  AND  NORTHWESTERN  FRONTIERS. 

Post-entry , $2.00 

Otlicial  bond  not  otherwise  provided  for,  except  when  executed  in  connection 
with  the  entry  or  passage  of  goods  through  the  customs,  or  with  the  entry 

of  domestic  merchandise  for  exportation 50 

Official  certilicate  not  otherwise  provided  for,  except  as  aliove  stated 20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry,  mer- 
chandise, etc.,  under  act  l?<y0 20 

Certified  copy  of  outward  manifest,  if  required 20 

Copy  of  marine  document 20 

Cojiy  bill  of  sale,  mortgage,  or  other  conveyance 50 

The  lees  above  mentioned  are  applicable  in  the  case  of  all  vessels  navigating 
the  waters  of  the  northern,  northeastern,  and  noithwestern  frontiers 
otherwise  than  by  the  sea,  and  no  fees  other  than  tliose  above  specially 
enumerated  can  Ije  legally  collected  from  the  owuers  or  masters,  as  such, 
of  vessels  enrolled  or  licensed  on  said  frontiers. 

Post-entry,  if  made 2. 00 

Clearance  of  a  foreign  vessel  for  a  foreign  port : 

Clearance 50 

Bond  to  retain  cargo,  if  necessary 50 

Clearance  of  an  American  vessel  directly  for  a  foreign  port: 

Clearance 50 

Bond  to  retain  cargo,  if  necessary 50 

Entry  of  an  American  vessel  engaged  in  the  coasting  trade  and  touching  at 
a  foreign  port : 
Post-entry,  if  made 2.  00 

Ihe  fees  allowed  to  surveyors  for  services  other  than  admeasurement  on  board  ves- 
sels may  be  charged  by  the  collectors  performing  sni^h  services  at  ports  where 
there  are  no  surveyors,  but  such  fees  will  not  be  collected  from  coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  burden  will  not  be  charged. 

Collectors  may  receive  i>ort  warden's,  health  officers,  and  harbor-master's  fees  where 
it  is  a  matter  of  convenience  to  all  parties  concerned. 

The  term  "legal  fees,"  used  in  section  4206,  Revised  Statutes,  does  not  embrace 
pilotage,  half-pilotage,  or  similar  local  charges. 

Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the  United 
States  are  required  to  pay,  within  twenty-four  hours  from  entry,  to  the  collector 
of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over  8  years  of  age  (not 
being  a  cabin  passenger),  who  shall  have  died  of  natural  disease  <luring  the 
voyage. 

Permits  are  not  required  on  the  northern  frontier  to  unlade  cargo  brought  from 
an  American  port;  but  permits  must  be  obtained,  and  existing  laws  complied 
Avith,  previous  to  the  discharge  or  landingof  ]iassengei'8,  baggage,  goods,  wareo, 
or  merchandise  brought  from  foreign  ports  or  jilaces. 

Canadian  steamers  trading  on  the  northern  frontiers  from  one  foreign  port  to 
another,  and  touching  during  the  course  of  sucli  voyage  at  a  port  or  place  in 
the  United  States,  and  landing  passengers,  baggage,  or  freight  are  required  to 
report. 

Enrolled  or  licensed  vessels  upon  the  frontiers  departing  from  or  arriving  at  a  port 
in  one  collection  district  to  or  from  a  port  in  another  collection  district,  although 
touching  at  an  intermediate  foreign  jiort,  are  exempted  fKun  ])ayment  of  the 
entrance  and  clearance  fees  of  fifty  cents  each,  and  from  the  iiaymcntof  tonnage 
tax,  Itut  in  all  such  cases  an  entry  or  clearance  must  be  made,  and  fees  be  ])aidof 
ten  cents  for  certification  of  manifest  and  permit  to  go  from  district  to  district, 
and  ten  cents  for  receiving  manifest. 

Vessels  used  exclusively  as  ferry-boats,  however  laden,  will  not  be  required  to  enter 
or  clear,  nor  will  the  masters  or  persons  in  charge  of  such  boats  be  re(iuireU  to 


438  PART    LI. FEES    PAYABLE    BY    PRIVATE    PERRONS. 

present  m.inifests  or  to  pay  entrance  or  clearanco  fees,  or  fees  for  receiving  or 
cortifyins;  manifests;  bnt  such  masters  or  other  yxrsons  will  bereiiuired  toreiiort 
to  the  proper  officer  of  the  customs  in  each  instance,  and  to  apprise  him  of  any 
baggage,  goods,  wares,  or  merchandise  which  may  have  been  imported  in  such 
boats  from  any  foreign  territory. 

Collectors  on  the  northern,  Tiortheastern,  and  northwestern  frontiers  are  authorized 
to  keep  on  sale,  at  their  several  offices,  blank  manifests  and  clearances,  and  to 
charge  therefor  the  sura  of  10  cents  for  each  blank,  and  Jio  more.  But  this  does 
not  prohibit  private  persons  from  furnishing  tlieir  own  blanks,  if  said  blanks  are 
in  accordance  with  law  and  regulations. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public  place 
in  their  offices  a  fair  table  of  the  fees  demandable  by  law  at  their  ports,  subject 
at  all  times  to  inspection,  and  to  give  receipts  tor  fees  collected,  specifying  the 
particulars,  whenever  required  to  do  so.  Failure  to  observe  these  requirements 
entails  a  penalty  of  $100  for  the  benefit  of  the  informer. 


Part  LTT.— CUSTOMS  DTSTRICTkS,  PORTS,  AND 
SUBPORl^S. 


430.  Customs  districts  and  ports  of  (Mitry  j  431.  I'ower  to  designate  ports  and  sub- 
and  delivery.  I  ]»orts. 

430.  Customs  districts  and  ports  of  entry  and  delivery. 


Districts. 


Ports  of  entry. 


Ports  of  delivery. 


Aroostook 

Passamaqtioddy 

Machias 

Frenchman  Hav 


HoultOD. 
Eastport. 

Machias. 


Ellsworth 

Mount  Desert  Ferry,  siibport  of  entry. 


Castine Castine  . 


Bangor 
Belfast 


Waldobcjio 


Wiscasset 
Bath 


Calais. 

Pembroke. 

Sobbinston. 


Union  River. 


Blue  Hill. 
Deer  Island. 
Bucksport. 

Frankfort. 
Hampden. 

Prospect. 
Rock  port. 
Vinal  Haven. 
North  Haven. 
Camden. 


Waldoboro Bristol. 

Rockland,  subport  of  entry.  Damariscotta. 

Warren. 

Thoniaston. 

Gushing. 


Bangor 
Belfast  , 


"Wiscasset 


Bath. 


Portland  and  Faliiioutli Portland. 


Saco 

Kennebunk. 
York 


Kennebunk. 
York. 


St.  George. 

Boothbay. 
Alma. 

Hallowell. 

Pittston. 

Geortretown. 

Bowdoinbam. 

Gardiner. 

Richmond. 

North  Yarmouth. 
Burnswick. 
Fret'port. 
Harpswell. 

Scarboro. 

Wells. 
Kennebunk  Port. 


439 


440   PART  Lll. CUSTOMS  DISTRICTS,  PORTS,  AND  SUBPORTS. 

Cuiito)ns  dislriets  and  j)oris  of  cniry  and  deVtvery — Continued. 


Districts. 


Ports  of  entry. 


Ports  of  delivery. 


NEW   HAMPSHIRE. 
Purl  siiion  til 


Port.9Tn((iitli. 


New  Castle. 
Dover. 

Exeter. 
Kittery,  Me. 
-Berwick. 


^Mc'inphreinagog 

>[A.SSACHUSETTS. 

Xe  wbwryport 

Gloucester 

Salem  and  Beverly 

Marbleliead 

Boston  and  Charlestown 

Plymmith  

Barnstable 


Burlington. 

St.  Albans,  subport  of  entry. 
Alburg,  snbport  of  entry. 
East  Alburg,  subport  of  entry. 
Swanton,  .subport  of  entry. 
Highgate,  subport  of  (jntry. 
Franklin,  subporf  of  entry. 
West  Berlisbire,  snbport  of  entry. 
Windmill  Point,  subport  of  entry. 
Kichford,  subport  of  entry. 

Newport. 

Norlb  Troy,  subport  of  entry. 
Derbyline,  subport  of  entry. 
Island  Potid,  subport  of  entry. 
Canaan,  subport  of  entry. 
Beecher  Falls,  subport  of  entry. 


Newburyport . 


Gloucester. 


Salem 

Marblebead. 
Boston 


Plymoutb 


Barnstable. 


Nantucket !  Nantucket. 

Edgartown I  Edgartown. 

New  Bedford |  New  Bedford 

i 
Fall  Kiver Fall  Piver..., 


RHODE  ISLAND. 

Newport 


Newport. 


Bristol  and  Warren :  Bristol  and  Warren. 

Providence '  Providence 


Amesbury. 

Salisbury. 

Haverbill. 

Newbury. 

Ipswich. 

Manchester. 
Eockport. 

Dan  vers. 

Lynn. 

Medford. 

Coh  asset. 

Hingham. 

Weymouth. 

Cambridge. 
1  Eoxbury. 
\  Dorchester. 

Scitnato. 

Kingston. 
I  Duxbury. 
j  Marshtield. 

Sandwich. 

Falmouth. 

Harwich. 

Wellfleet. 

Provincetown 

Chatham. 

Dennis. 


Westport. 
Rochester. 
Wareham. 

Swansea. 

Somerset. 

Freetown. 

Berkley. 

Taunton. 


North  Kingston. 
Tiverton. 

Barriugton. 

Pawtuxent. 
East  Greenwich. 


PART    LII. CUSTOMS    DISTRICTS,    PORTS,    AND    SUBPORTS.       441 

Customs  disfrirls  and  pnrlx  of  cnlrij  mid  dilirery — Contiiuiod. 


Districts. 


Ports  of  entry. 


Porta  of  delivery. 


CONNECTICUT 

Stonington  

New  London 

Hartford  


Champlain 

Oswegatcbie.. 
Cape  Vincent. 

Oswego 

Genesee 

Niagara 

Butfalo  Creek . 


Stonington  . 
Now  I^ondon 

Hartford 


New  Haven 

Fairtield 

NEW   YORK. 

Sag  Harbor 

City  of  New  York.. 


Plattsburg , 

Ogdensburg. 

Cape  Vincent. 

Oswego. 

Eiver  Genesee  (Rochester). 

Niagara  Falls. 

Buffalo. 


Dunkirk 1  Dunkirk. 


NEW  .lERSEV. 

Newark Newark 

Perth  Amboy Perth  Aniboy . 

Little  Egg  Harbor [  Tuckerton. 

Great  l-'gg  Harbor Somers  Point. 


New  Haven 

Bridgeport 

Stamford,  subport  of  entr.\ 

Sag  Harbor 

New  York 

Jersey  City,  N.  J 


Piiwoaluck  Rivor. 

Norwich. 

Groton. 

Lyme. 

Savbrook. 

Enlield. 

Clinton. 

Westbrook. 

Old  Saybrook. 

Essex. 

Chester. 

Haddam. 

East  Haddam. 

Middlotown. 

Chatham. 

Portland. 

Cromwell. 

Rocky  Hill. 

Wctherslield. 

Glastonbury. 

East  Hartford. 

Springtield,  Mass. 

Vernon  (Rockville* 

Guilford. 
Branford. 
Milford. 
Derby. 

Norwalk. 
Stratford. 
Greenwich. 


Greenport. 

New  Windsor. 

Newburg. 

Poughkeepsie. 

Esopus. 

Kinderhook. 

Albany. 

Hudson. 

Troy. 

Rhinebeck  Landing. 

Cold  Spring. 

Port  Jeflersou. 

Patchogue. 

Syracuse. 

Wbitoball. 
Fort  Covington. 


Barcelona. 
Silver  Creek. 
Cattaraugus  Creek. 


Elizabeth. 


Now  Brunswick. 
Middletown  Point. 


442       PA1?T    TJI. CUSTOMS    DISTRICTS,    PORTS,    AND    SUBPORTS. 

Customs  districts  and  ports  of  entry  and  delivery — Continued. 


Districts. 


Ports  of  entry. 


Ports  of  delivery. 


NEW  .lERSEY— CDIltinuod. 

Kridgeton 


Burlington 

PENNSYLVANIA. 

Pliiladeljiliia 


Erie 

Pittsburg 

DELAWARE. 

Delaware 


MARYLAND. 

Eastern 

Baltimore 


Annapolis 


DISTRICT  OF  COLUMBIA. 

Georgetown 

VIRGINIA. 

Cherrystone 


Alexandria 

Tappahannock 


Xewport  News 

Norfolk  and  Portsmouth 

Petersburg 

Richmond 

NORTH  CAROLINA. 

Albemarle 

Pamlico 

Beaufort 

\Vilmingto7i 

SOUTH   CAROLINA. 

Georgetown 

Charleston 

Beaufort 

GEORGIA. 

Savannah 

BrunsTivicl'C 


Bridgeton 


Trenton 


Philadelphia. 


Erie 

Pittsburg. 

Wilmington 


Crisfield  . . 
Baltimore - 


Annapolis  . 


Wa.shington. 

Cape  Charlea  City  (Eastville). 

Alexandria 

Tappahannock 


St.  Marvs . 


Newport  News 

Norfolk  and  Portsmouth 

Petersburg  to  City  Point. 

Richmond. 

West  Point,  subport  of  entry  and  delivery. 

Edenton. 
Newbern. 
Beaufort. 
Wilmington. 

Georgetown. 

Charleston. 

Beaufort. 


Savannah.. 
Brunswick . 

St.  Marys  . . 


Salem. 

Port  Elizabeth. 


Trenton. 


Camden,  N.  J. 
Chester. 


Titusville. 


New  Castle. 
Port  Penn. 
Delaware  City. 


Salisbui-y. 

Cambridge. 

Easton. 

Havre  de  Grace. 

Benedict. 
Lower  Marlboro. 
Town  Creek. 
Cedar  Point. 
Nottingham. 
St.  Marys. 


Snow  Hill. 
Folly  Landing. 

Potomac. 

Port  Royal. 

Fredericksburg. 

Yeocomico. 

Torktown. 

Suffolk. 
Smithfleld. 


Augusta. 


Frederica. 
Darien. 


Atlanta. 


PART    LI  I. ('lTSTO:\IS    DISTRICTS,    PORTS,    AND    SUIiPORTS.       443 

(itsloinn  ilititriclH  and  povtx  of  fiilri/  and  dclivenj — C'oiitimu'il. 


DistrictB. 

Porta  of  entry. 

Ports  of  delivery. 

FLORIDA. 

Fernandiua 

Feruandina. 

St.  Jolins 

Jacksonville. 

St.  xVugustinc 

St.  Angnstine. 

Jansen,  subport  of  entry. 

Key  ^X^^^t 

Key  "West. 

Punta  Gorda,  subport  of  entry. 

Palm  Beach,  subport  of  entry"  and  delivery. 

Miami,  subport  of  entry. 

Tanipii 

Tampa. 

Cedai'  Kov.s , -.-.. 

St.  Marks 

St.  Marks. 

Magnolia. 

Ocala. 

Apalacliicdla 

Apalachicola. 

Pensacola 

IV'iisacola. 

ALABAMA. 

Mobile 

Mobile 

Montgomery. 

MISSISSIPPI. 

Pearl  Iliver 

Shieldsboro  (Bay  St.  Louis) 

Scran ton. 

PearlingtOM. 

Ship  Island. 

Natchez 

Natchez 

Grand  Gulf. 

Vicksburg 

Vicksburg. 

LOUISIANA. 

New  Orleans 

New  Orleans - 

Wheeling,  W.  Va. 

Council  Bluffs,  Iowa. 

Cincinnati,  Ohio. 

Louisville,  Ky. 

St.  Louis,  Mo. 

Sioux  City,  Iowa. 

Moinphis,  'i'enu. 

Evan.sville,  Ind. 

Burlington,  Iowa. 

Dubuque,  Iowa. 

Leavenworth,  Kaiis. 

Omalia,  Nebr. 

Kansas  City,  Mo. 

St.  Joseph,  Mo. 

Slireveport,  La. 

La  Crosse,  Wis. 

Cliattanooga,  Tenn. 

Portsmouth,  Ohio. 

Padueah,  Ky. 
Lincoln,  Nebr. 

Knoxville,  Tenn. 

Teche 

Brashear  (Morgan  City). 

TEXAS. 

Galveston 

Galveston 

Sabine. 

Velasco,  subport  of  entry. 

Houston. 

Sabine  Pass,  subport  of  entry  and  delivery. 

Saluria 

Eagle  Pass 

San  Antonio. 
Matagorda. 

Copano. 

Lavaca. 

Corpus  Christ! 

Corpus  Christi 

Aransas. 

Laredo,  subjiort  of  entry. 

Kockport,  subport  of  entry. 

Brazos  de  Sant  iago 

Brownsville. 

Pas  del  Korto 

El  Paso. 

CALIFORNIA. 

San  Diego 

San  Diego. 
Los  Angeles. 

Los  Angeles 

Santa  Barbiirn,  sii'.i;ii:rt  of  entry. 

444       PART    LTI. CUSTOMS    DISTRICTS,    PORTS,    AND    SUBPARTS. 

Customs  districls  and  ports  of  entrtj  and  delivery — Continued. 


Districts. 


Ports  of  entry. 


Ports  of  delivery. 


CALIFORNIA — continued . 
S:iii  Francisco 


lliuiiboldt 

OREGON  AND  WASHINGTON. 

Southern  district  of  Oregon . 

Yaquina 

Oregon 

Willamette 

Puget  Sound 


Alaska. 


MONTANA  AND   IDAHO. 

Montana  and  Idaho 

MINNESOTA. 
Minnesota 

Duluth 

WISCONSIN. 

Milwaukee 

MICHIGAN. 

Michigan 

Huron 

Detroit 

Superior 

INDIANA  AND  ILLINOIS 

Chicago 


San  Francisco 

Oakland,  subport  of  entry. 

Eureka 

(.'oos  Bay  (Empire  City) 

Yaquina 

Astoria. 

Portland. 

Port  Townsend. 
Spokane,  subport  of  entry. 
Seattle,  subport  of  entry. 
Taconia,  subport  of  entry. 
Port  Angeles,  subport  oi' entry. 
New  Whatcom,  subport  of  entry. 
Aberdeeu,   subport  of  eutry. 
Blaine,  subport  to  entry. 
Everett,  subport  of  entry. 
Northport,  subport  of  entry. 
Sumas,  subport  of  entry. 
Nelson,  subport  of  entry. 
Roche  Harbor,  subport  of  entry. 

Sitka. 

Wrangel,  subport  of  entry. 

Mary  Island,  subport  of  entry. 

Juneau,  subport  of  entry. 

Kodiak,  subport  of  entry. 

Unalaska,  subport  of  entry. 

Circle  City,  subport  of  entry. 

Cook's  Inlet,  subport  of  entry. 

St.  Michael  s  Island,  subport  of  entry 

Unga,  subport  of  entry. 

Karluk,  subport  of  entry. 

Dyea,  subport  of  entry. 

Skagway,  subport  of  entry. 

Orca,  subport  of  entry. 

Great  Falls 


Vallejo. 

San  Luis  Obispo. 

Crescent  Citv. 


Ellensburg. 
Port  Oxford. 
Gardner. 

Nevrport. 


St.  Paul. 

Minneapolis,  subport  of  entry. 


Milwaukee 

Grand  Haven 

Port  Huron. 
Detroit. 

Marquette 

Superior,  subport  of  entry. 
Ashland,  subport  of  entry. 
Gladstone,  subport  of  entry 

Chicago 


Bonners  Ferry. 


Kenosha. 
Racine. 
Sheboygan. 
Green  Bay. 
Depere. 

Cheboygan . 

Manistee. 
Ludington. 


Sault  Ste.  Marie. 
Mackinaw. 
Grand  Rapids. 


"Waukeegan . 

Michigan  City. 

Cairo. 

Rock  Island. 

Peoria. 

Galena. 


PART    LII. CUSTO^rS    DISTRICTS,    PORTS,    AND    SUHPORTS.       445 

Cuslomn  (ll>ilrictn  and  ports  of  entry  and  ddirenj — C'DUtiniU'il. 


Districts. 

Ports  of  entry. 

Ports  of  delivery. 

INDIANA. 

OHIO. 

Toledo. 
Saiiduskj'. 

Fairjjort. 
ColiiinbuB. 

COLORADO. 

Conueaut,  subport  of  entry. 

ABIZONA. 

Nogales. 

I'uolilo. 

Durango 

LeadN'ule. 

NORTH    AND   SOUIII    DAKOTA. 

TENNESSEE. 

IOWA. 

Ports  at  which  merchandi.se  may  be  entered  for  transportation  to  other  ports  without  appraise 
ment  under  the  act  of  June  lo,  1880. 


Boston,  Mass. 
Baltimore,  Md. 
Bath,  Me. 
Bangor,  Me. 
Beecher  Falls,  Vt. 
Burlington,  Vt. 
Cliicago,  111. 
Charleston,  S.  C. 
Cleveland,  Oliio. 
Detroit.  Mich. 
Duluth,  Minn. 
Fernandina,  Fla. 


Galveston,  Tex. 
Glad.stone,  Mich. 
Island  Pond,  V't. 
Key  We.st,  Fla. 
Los  Angtle.s,  Cal. 
Marquette,  Mich. 
Miami,  Fla. 
Mobile,  Ala. 
New  York,  N.  Y. 
Newport  News,  Va. 
Newport,  Vt. 
New  Orleans,  La. 


Norfolk,  Va. 
Ogdensburg,  N.  Y. 
Piiiladelphia,  Pa. 
Portland,  Me. 
Port  Huron,  Midi. 
Portland,  Oreg. 
Port  Townsend,  Wa.sb. 
Peu.sacola,  Fla. 
Richford.  Vt. 
liocbester,  N.  Y. 
St.  An)ans,  Vt. 
Savannah,  fla. 


San  Francisco,  Cal. 
Sault  Ste.  Mario,  Mit 
Seattle,  Wash. 
Sau  Diego,  Cal. 
Sioux  City,  Iowa. 
Taconia,  ^Vash. 
Tampa,  Fla. 
Toledo,  Ohio. 
Vanceboro,  Me. 


Ports  to  which  merchandise  may  be  transported  without  appraisement  under  the  act  of 

June  10,  1880. 


Atlanta,  Ga. 
Albany,  N.Y. 
ButJalo,  N.Y. 
Burlington,  Vt. 
Boston,  Mass. 
Baltimore,  Md. 
Bath,  Me. 
Bangor,  Me. 
Bridgeport,  Conn. 
Charleston.  S.  C. 
Chicago,  111. 
Ciucinnati,  Ohio. 
Council  Bluffs,  Iowa. 
Cleveland,  Ohio. 
Columbus,  Ohio. 
Detroit,  Mich. 
Denver,  Colo. 
Duluth,  Minn. 
Dubuque,  Iowa. 
Diiranjio,  Colo. 
Des  Moines,  Iowa. 
Dunkirk,  N.  Y. 
Entields,  Conn. 


Erie,  Pa. 
Evansville,  lud. 
Galveston,  Tex. 
Gladstone,  Mich. 
Grand  Haven.  Mich. 
Grand  Rapids.  Mich. 
Hartford,  Conn. 
Indianajiolis,  Ind. 
Jacksonville,  Fla. 
Kansas  City,  Mo. 
Key  West, "Fla. 
Knoxville.  Tonn. 
Leadvillo,  Colo. 
Louisville,  Ky. 
Lincoln,  Nobr. 
Los  Angeles,  Cal. 
Maniuette,  Mich. 
Middletown,  Conn. 
Minneapolis,  Minn. 
Milwaukee,  Wis. 
Memphis,  Tenii. 
Mobile,  Ala. 
Naslivilb;,  Tenn. 


Newark,  N  J. 
New])ort  News,  Va. 
New  York,  N.  Y. 
New  Haven,  Conn. 
Norfolk  Va. 
New  Orleans,  La. 
Oakland,  Cal. 
Ocala,  Fla. 
Omaha,  Nebr. 
Ogdensburg,  N.Y. 
Providence,  R.  I. 
I'hiladelphia,  Pa. 
Pittsburg,  Pa. 
Portland,  Mo. 
Portsmouth,  N.  H. 
Port  Huron.  Midi. 
Portland,  Oreg. 
Port  Townsend,  Wash. 
Pueblo,  {/'olo. 
Uiehinond,  \a. 
Rochester,  N.  Y. 
Sandusky,  Ohio. 
Sioux  City,  Iowa. 


Sau  Antonio,  Tex. 

SpringUeld,  Mass. 

Savannah,  Ga. 

St.  Augustine,  Fla. 

St.  Louis,  Mo. 

St.  Joseph,  Mo. 

St.  Paul,  Minn. 

San  Francisco,  Cal. 

San  Diego,  Cal. 

Sault  Ste.  Marie,  Mich. 

Seattle,  Wash. 

Syracuse,  N.  Y. 

Tam]).!,  Fla. 

Tacoma.  Wasli. 

Titus\  ille,  Pa. 

Toledo,  Ohio. 

Vanceboro,  Me. 

\'orniui  (Kockville),Conn. 

Washiiigtc.il,  D.  C. 

Wilmington,  Del. 

Wilmington,  N.  C. 


446       PART    Lll. CUSTOMS    DISTRICTS,    PORTS,    AND    SUBPORTS. 


Ports  at  which  bonded  warehouses  are  established. 


Apalachicola,  Fla 
Astoria,  Oroe. 
iBaltimore,  Md. 
Barnstable,  Mass. 
Boston,  Mass. 
Bangor,  Me. 
Bootlibay,  Me. 
Bridgeport,  Conn. 
Batb,  Me. 
Burlington,  Yt. 
Bonners    Ferrv, 
Buflalo,  N.  T.  ■ 
Cincinnati,  Obio. 
Chicago,  111. 
Columbus,  Ohio. 
Chattanooga,  Tenu. 
Castiue,  Me. 
Chatham,  Mass. 
Charleston,  S.  C. 
Cape  Vincent,  N.  T. 


1.1: 


Dnlutli,  Minn. 
Detroit,  Mich. 
Denui.s,  Ma.ss. 
Denver,  Colo. 
Erie,  Pa. 
Ellsworth,  Me. 
Evausville,  Ind. 
Eastport,  Me. 
El  Paso,  Tex. 
Eagle  Pass,  Tex. 
iho   Fall  River,  Mass. 
Grand  Kapids,  Mich. 
Gloucester,  Mass. 
Galveston,  Tex. 
Grand  Haven,  Mich. 
Hartford,  Conn. 
Indianapolis,  Ind. 
Key  West,  Fla. 
Kansas  City,  Mo. 
Louisville,  Ky. 


Lincoln,  Nebr. 
Marquette,  Mich. 
Minneapolis,  Minn. 
New  VTork,  K.  Y. 
Newburyport,  Mass. 
Newark,  N.  .1. 
New  London,  Conn. 
New  Haven,  Conn. 
New  Orleans,  La. 
Oswego.  N.  Y. 
Omaha,  Nebr. 
Portland,  Me. 
Philadelphia,  Pa. 
Portland,  Oreg. 
Port  Huron,  Micb. 
Portsmouth,  N.  H. 
Pembina,  N.  Dak. 
Port  Townsend,  Wash. 
Perth  Ambov,  N.  J. 
Pittsburg,  Pa. 


Providence,  R.  I. 
I'roviucotown,  Mass 
Pensacola,  Fla. 
Plymouth,  Mass. 
Plattsburg,  N.  Y. 
llocbester,  N.  Y. 
St.  Joseph,  Mo. 
St.  Paul,  Minn. 
Savannah,  Ga. 
San  Diego,  Cal. 
Niagara  Falls,  N 
Salem,  Mass. 
San  Francisco,  Cal 
St.  Louis,  Mo. 
Syracuse,  N.  Y. 
Tampa,  Fla. 
Toledo,  Ohio. 
Wilmington,  N.  C. 
WeliUeet,  Mass. 


Y. 


Washington,  D.  C, 
Wheeling,  W.  Va., 
Wilmington,  Del., 


Goods  in  bond  arriving  at  the  ports  of — 

Albany,  N.  Y.,  Memphis,  Tenn.,  Ogdensburg,  N.  Y., 

Alexandria,  Va.,  Mobile,  Ala.,  Peoria,  111., 

Brownsville,  Tex.,  Nashville,  Tenn.,  Eichmond,  Va., 

Charleston,  S.  C,  Newbern,  N.  C,  Sandusky,  Ohio., 

Dubuque,  Iowa.,  Norfolk,  Va..  St.  Augustine,  Fla., 

are  stored  in  the  custom-house  premises  at  those  ports. 

Ports  designated  by  the  Secretary  of  the  Treasury  under  authority  of  section  3005,  Revised 
Statutes,  from  which  imported  merchandise  may  be  forwarded  in  bond  in  transit  through 
the  United  States  to  the  Republic  of  Mexico. 

Baltimore,  Md.  Eagle  Pass,  Tex.  New  York,  N.  Y.  San  Francisco,  Cal. 

Boston,  Mass.  El  Paso,  Tex.  New  Orleans,  La.  San  Diego,  Cal. 

Corpus  Christi,  Tex.  Galveston,  Tex.  Nogales,  Ariz. 

Detroit,  Mich.  Laredo,  Tex.  Phfladeli)hia,  Pa. 

431.  Power  to  designate  ports  and  subparts. 

Mar.  16, 1896.  Sucli  otliep  ])laces  [in  Alaska]  as  may  be  designated  by  the 
Secretary  of  the  Treasury,  as  the  interests  of  commerce 
may  retjuire,  shall  be  subi^orts  of  entry  or  delivery  or  both ; 
and  .customs  olHcers  shall  be  stationed  at  sucli  subports, 
with  authority  to  enter  and  clear  vessels,  receive  duties, 
fees,  and  other  moneys,  and  perform  such  other  services 
and  receiv^e  such  compensation  as  in  the  judgment  of  the 
Secretary  of  the  Treasury  the  exigencies  of  commerce  may 
require. 

May  22, 1896.        Such  othcr  places  in  the  State  of  Colorado  as  the  Sec- 
Sec.2.  retary  of  the  Treasury  may  designate  from  time  to  time 

shall  be  ports  of  delivery,  with  all  the  privileges  now 
accorded  by  law  to  the  i)ort  of  Denver,  Colorado,  the  sur- 
veyor of  customs  of  which  port  shall  supervise  the  customs 
business  transacted  at  such  places  in  the  same  manner 
and  to  the  same  extent  as  at  Denver. 

June  10, 18%.  Such  placcs  iu  the  collection  districts  in  the  State  of 
Florida  as  the  Secretary  of  the  Trejisury  may  from  time  to 
time  designate  shall  be  subports  of  entry  and  delivery, 
and  customs  officers  shall  be  stationed  at  such  subports, 
with  authority  to  enter  and  clear  vessels,  receive  duties, 
fees,  and  other  moneys,  and  perform  such  other  services 
and  receive  such  compensation  as,  in  the  judgment  of  the 
Secretary  of  the  Treasury,  the  exigencies  of  commerce  may 
require. 

Aug.  28, 1890  Such  othcr  ports  as  the  Secretary  of  the  Treasury  shall 
from  time  to  time  designate  shall  be  subports  of  entry — 
[of  the  State  of  Washington] 


Part  LIIL— CONSULATES  OF  THE  UNITED  STATES 


432.  Consulates 

of  the  United  States. 

SCHKDULE  B. 

I.- 

-Oimmlates-General. 

Apia. 

Frankfort-ou-the-Maiu.    Nuevo  Laredo. 

Santo  Domingo, 

Athens. 

Guatemala. 

Ottawa. 

Seoul. 

BaDgkok. 

Guayaquil. 

Panama. 

Shanghai. 

Berlin. 

Halifax. 

Paris. 

Singai)oro. 

Bogotii. 

London. 

Port-au-Prince. 

Tangier. 

Cairo. 

Melbourne. 

Rio  do  Janeiro. 

Teheran. 

Calcutta. 

Mexico. 

Rome. 

Vienna. 

Constantinople. 

Monrovia. 

St.  Gall. 

Tokoliama. 

Dresden. 

Montreal. 

St.  Petersburg. 
II. — Consulates. 

Acapulco. 

Aix  la  Chapelle. 

ChinKiang. 

Liverpool. 

Reichenberg. 

Clifton. 

London,  Outario. 

Rlieims. 

Amherstburg. 

Coaticook. 

Lj'ona. 

Rott('r(lam. 

Amoy. 

Cognac. 
Cologne. 

Madgeburg. 

St.  Etienne. 

Amsterdam. 

Mainz. 

St.  Helena. 

Annaberg. 

Colon. 

Malaga. 

St.John,  N.B. 

Antigua. 

Copenhagen. 

Malta. 

St.  John's,  Quebec. 

Antwerj). 

Cork. 

Managua. 

St.  Stephen. 

Asuncion. 

Crefeld. 

Manchester. 

St.  Thoma.s. 

Athens. 

Demerara. 

Mannheim. 

San  J()s6. 

Auckland. 

Donia. 

Maracaiho. 

San  Juan  del  Norte 

Bahia. 

Dublin. 

Marseilles. 

San  Salvador. 

Barbados. 

Dundee. 

Miirtinique. 

Santos. 

Barcelona. 

Dusseldorf. 

Matamoros. 

Sheffield. 

Barmen. 

Florence. 

Messina. 

Sherbrooke. 

Barrauquilla. 

Fort  Erie. 

Milan. 

Sivas. 

Basle. 

Fuchau. 

Montevideo. 

Smyrna. 

Beirut. 

Fuuclial. 

Munich. 

Sonneberg. 

Belfast. 

Gensva. 

jS'aga.saki. 

Southami)ton. 

Belize. 

Genoa. 

'Naples. 

Stockholm. 

Birmingham. 

Gibraltar. 

Kassau. 

Stratford. 

J?ordeaux. 

Glasgow. 

^Newcastle,  Euglaud. 

Stuttgart. 

Bradford. 

Gothenberg. 

"Nice. 

Sydney. 

Bremen. 

Guadeloupe  Island            Nogales. 

Tamatave. 

Breslau. 

Guelph. 

Nottingham. 

Tampico. 

Bristol. 

Hamburg. 

Kuremberg. 

Tegu<igalpa. 

Brockville. 

Hamilton. 

Odessa. 

Three  Rivers. 

Brunswick. 

Hankow. 

Osaka  and  Hiogo. 

Tien-Tsiii. 

Brussels. 

Havre. 

Palermo. 

Toronto. 

Buenos  Ayres. 

Hongkong. 

Para. 

Trieste. 

Cadiz. 

Huddersfleld. 

Paso  del  Norte. 

Tunstall. 

Callao. 

Jerusalem. 

Peniaiubuco. 

Valparaiso. 

Canton. 

Kehl. 

Picton. 

Veracruz. 

Cape  Town. 

Kingston,  Jamaica.             I'ort  Louis. 

Victoria. 

Cardiff. 

Kingston,  Ontario.              Port  St.anley,  F.  I. 

Windsor,  Ontario. 

Catania. 

La  Guayra. 

Port  Sarnia. 

Winnipeg. 

Ceylon. 

Leeds. 

Prague. 

Woodstock. 

Charlottetowii. 

Leghorn. 

Prescotfc. 

Yanuouth. 

Chatham. 

Leipsic. 

Puerto  CaboUo. 

Zuricli. 

Chemnitz. 

Liege. 

Quebec. 

iir.- 

-Commercial  agencies. 

Caatellamare. 

Goderich. 

Plaueu. 

Roubaix. 

Dunfermline. 

Morrisburgh. 

Port  Hope. 
Schedule  C. 
Consulates. 

Wallaceburgh. 

Batavia. 

Ghent. 

Stettin. 

Windsor,  Nova  Scot 

Cai)e  Haytien. 

Kantes. 

Tahiti. 

Christiania. 

Ruatan. 

Turin. 

Gasp6  Basin. 

Sierra  Leone. 

Venice. 

■147 


448 


PART    LIII. CONSULATES    OF    THE    UNITED    STATES. 


Consulates  and  Com.mekciai,  Agencies  not  included  in  Schedules  B  on  C. 


T.—Co7iaulateii. 


Aden. 

Algiers. 

Alicante. 

Antofagasta. 

Arica. 

Bagdad. 

Bathurst. 

Batoum. 

Belgrade. 

Belleville. 

Bergen. 

Berne. 

Bombay. 

Bucharest. 

Budapest. 

Calais. 

Cartagena,  Colombia. 


Bamberg. 

Collingwood. 

Freiburg. 

Garrucha. 

Glauchau. 

Limoges. 

Moncton. 


Carthagena,  Spain. 
Cayenne, 
("hiliuahua. 
('i)liuiia. 
Coquinibo. 
Cordoba. 
Coruuna. 
Cura(;ao. 
Durango. 
Ensenada. 
Fahnoutb. 
Gorcr  Dakar. 
Creiuible. 
Guaymas. 
Hanover, 
llelsingfors. 
Hobart. 


Hull. 

Iquique. 

La  Paz,  Bolivia. 

La  Paz,  Mexico 

Lisbon. 

Madrid. 

Maskat. 

Mazatlau. 

Medelliu. 

Moscow. 

Xiuchwaug. 

Patras. 

Pailang. 

Paramaribo. 

Plymouth. 

Puerto  Plata. 

Riga. 


II. — Commercial  agenciea. 


Ktwcastle.N.  S."W. 

Nouni6a. 

Orillia. 

Paliuerston. 

Paysaudu. 

Port  Antonio. 

Port  liowan. 


Saigon. 

St.  liaitholomew. 

St.  Christopher. 

St.  Georges. 

St.  Hyacinthe. 

St.  Pierre,  Miquelon. 

Samaua. 


Rio  Grande  do  .Sul. 

Rosario. 

Rouen. 

St.  Johu's,  N.  F. 

St.  Martin. 

Saltillo. 

Santiago,  Cape  V^erde. 

Talcahuauo. 

Teneritt'e. 

Trinidad,  Island. 

Tunis. 

Turks  Island. 

Tu.ifpau. 

Warsaw. 


Sault  Ste.  Marie. 

Stanbndge. 

Swansea. 

Vancouver. 

Weimar. 


CONSULATES  OF  THE  UNITED  ST.\TES  BY  COUNTRIES. 


argentine  republic. 

Bahia  Blanca. 
Buenos  Ayres. 
Cordoba. 
Rosario. 

AUSTRIA-HUNGARY. 

Brunn. 

Budapest,  Hungary. 

Fiuine. 

Haida. 

Innsbruck. 

Prague.  Bohemia. 

Reicheuberg,  Bohemia. 

Trieste,  Austria. 

Vienna,  Austria. 


BELGIUJI. 


Antwerp 

Brussels 

Charleroi 

Ghent. 

Liege. 

Verviers. 


La  Paz. 


BRAZIL. 


Aracaju. 

Bahia. 

Ceara. 

Maceio. 

Manaos. 

Maranhao. 

Natal. 

Para. 

Pernambuco. 

Rio  de  Janeiro. 

Rio  Grande  do  Sul. 

Santos. 

Victoria. 

CHILE. 

Antofagasta. 

Arica. 

Caldora. 

(Joquimbo. 

Coronel. 

Iquique. 

Talcahuano. 

Valparaiso. 


Amoy. 

Canton. 

Chef'oo. 

ChiiiKiang. 

Fuchau. 

Hankow. 

Niuchwang. 

Shanghai. 

Tien-Tsin. 


COLOMBIA. 

Barranquilla. 

Bocas  del  Toro. 

Bogota. 

Bucaramanga. 

Call. 

Cartagena. 

Colon  (Aspinwall). 

Cucuta. 

Honda. 

Medellin. 

Panama. 

Quidbo. 

Rio  Hacha. 

Santa  Marta. 

COSTA  RICA. 

Poi't  Limon. 
Punta  Arenas. 
San  Jose. 

DENMARK  AND  DOMINION 

Chi-istiansted. 

Copenhagen. 

Fredericksted. 

Ronne. 

St.  Thomas,  W.  I. 

DOMINICAN  REPUBLIC. 

Azua. 
Macoris. 
Monte  Christi. 
Puerto  Plata. 
Samana. 
Sanchez. 
Santo  Dominiro. 


Bahia  de  Caraquez. 
Esmeraldas. 
Guayaquil. 
Man'ta. 

FRANCE  AND  DOMINIO.NS. 

Algiers,  Africa 


Bastia, 
Beni-saf. 
Bone. 
Bordeaux. 
Boulogne-sur-mer. 
Brest. 
Calais. 
Cannes. 
Caudry. 

Cayenne,  Guiana. 
Cette. 
Cherbourg. 
Cognac. 
Collo. 
Dieppe. 
Dijon. 
Dunkirk. 

Gor6eDakar,  Africa 
Grenoble. 

Guadeloupe  Island,  W.  I 
Havre. 
Honfleur. 
Lille. 
Limoges. 
Lorient. 
Lyons. 
Marseilles. 
S.Martinique,  W.  I. 
Mentone. 
Monaco. 
Nantes. 
Nice. 

Noumea,  N.  C 
Oran. 
Paris. 
Pau. 
Rennes. 
Rheims. 
Roubaix. 
Rouen. 

Saigon,  Cochin  China. 
St.  Barfholoraew,  W.  I. 
St.  Etienne. 
Kt.  Pinrrc,  Miquelon. 
St.  .Malo. 


Tahiti,  Society  Islands. 

Toulon. 

Troyes. 

Tunis,  Africa. 

GERMANY. 

Aix  la  Chapelle. 

Annaberg. 

Augsburg. 

Bamberg. 

Barmen. 

Berlin. 

Brake  and  Nordenhanim. 

Bremen. 

Breslau. 

Brunswick 

Cassel. 

Chemnitz. 

Coburg. 

Cologne. 

Crefeld. 

Danzig. 

Dresden. 

Dusseldorf. 

Eibenstock . 

Essen. 

Frankfort. 

Freiburg,  Baden. 

Ftirth. 

Geestemunde. 

Gera. 

Glauchau. 

Hamburg. 

Hanover. 

Kehl. 

Kiel. 

Kciuigsberg. 

Langen  Scnwalbach. 

Leipsic. 

Lit  beck. 

Magdeburg. 

Mannheim. 

Markneukirchen. 

Mayence. 

Munich. 

Neustadt. 

Nuremberg. 

Plauen. 

Ritzebiittel    and    C  u  x  - 

haven. 
Solingen. 
Sonneberg. 
Stettin. 
Stuttgart. 
Weimar. 
Zittau. 


PART    Llir. CONSULATES    OF    THE    UNITED    STATES. 


449 


Consulates  of  thr  United  Slates  liy  rountrics — CoiitiuiH'd. 


ttREAT   BRITAIN    AND 
DOMINIONS. 

Aberdeen. 

Adelaide. 

Aden,  Arabia. 

Akvab. 

Albiiny. 

Albertoii. 

Albert  Town. 

Amherstburg,  Ont. 

Annapolis. 

Antigua,  W.  1. 

AricKat. 

Arnprior,  Ont. 

Arthabaska. 

Atblone. 

Auckland,  K.  Z. 

Ballyniena. 

Barbado.s,  AY.  1.     ' 

Bam.sley. 

Barrie. ' 

Barrington. 

Bassein. 

Bathurst. 

Bathurst,  Africa. 

Belfast,  Ireland. 

Belize,  Honduras. 

Belleville,  Out. 

Bermuda  (Hamilton). 

Birmingham,  England. 

Black  River. 

Bloemfontein. 

Bombay,  India. 

Bradford,  England. 

Bridgewater. 

Brisbane. 

Bri.stol,  England. 

Brockville,  Ont. 

Calcutta,  India. 

Campbellton. 

Cam])obello  Island. 

Cape  Canso. 

Cape  Town,  Africa. 

Cardiff,  Wales. 

Carli.sle. 

Ceylon,  India. 

Chai  lottetown,  P.  E.  I. 

Chatham,  Ont. 

Chaudiere  Junction,  Limerick. 


Falmouth,  England. 

Fariiham. 

Fort  Krie.  Ont. 

Fort  William. 

Fredericton. 

Freeniantle. 

Freliglisburg. 

Galashiels. 

Gait. 

Gnnanoque. 

tiaape  Basin,  Quebec. 

(leorgetown. 

(Gibraltar. 

(ilasgow,  Scotland. 

Gloucester. 

Goderich,  Ont. 

Governors  Harbor. 

Grand  Manaii. 

Greenock. 

Green  Turtle  Cay. 

Grenada. 

Grenville. 

Gretna. 

Guernsey. 

Gnelph,  Ont. 

Halifax,  >;.S. 

Hamilton,  Out. 

Hartlepool,  England. 

Hereford. 

Hemmingford. 

Hobart,  I'a.smania. 

Hodeida. 

Holyhead. 

Hongkong,  China. 

Huddersfleld,  England. 

Hull,  England. 

Huntingdon. 

Jersey. 

Karachi. 

Kempt. 

Kitlderuiinster. 

Kimberley. 

Kingston,  Jamaica. 

Kingston,  Out. 

Kirkcaldy. 

Lacolle. 

Launceston. 

Leeds,  England. 

Leicester. 

Lethbridge. 


Quebec. 
Chemainus,  B.  C. 
Chitagong. 
Christ  Church. 
Clarenceville. 
Clifton,  Ont. 
Clinton. 

Coaticook,  Quebec. 
Cockburn  Harbor. 
Collingwood,  Out. 
Cookshire. 
Cork  (Queenstown). 
Cornwall. 
Coniwallis. 
Comwallis,  N.  S. 
Coteau. 
Courtright. 
Dartmouth. 
Deloraine. 
Demerara,  Guiaua. 
Derby. 
Deseronto. 
Digby. 
Dover. 

Dublin,  Ireland. 
Dundee,  Scotland. 
Dunedin. 

Dunfermline,  Scotland. 
Dunmore  Town. 
Durban. 
East  London. 
Edinburgh. 
Edmunston,  N.  B. 
Emerson. 
Falmoiith. 


NAV  99,  PT  2 


Lindsay. 

Lineboro. 

Liverpool,  England. 

Liverpool,  >.'ova  Scotia. 

Llanelly. 

Londonderry. 

London,  England. 

London,  Ont. 

Louisburg,  N.  S. 

Lunenburg. 

Liuuan. 

Madras. 

Magd.iliMi  Islands. 

Malta. 

Manchester,  England. 

Mathowtown. 

Megantic. 

Melbourne,  Australia. 

Miltord  Haven. 

Moucton,  N.  B. 

Mon^anui. 

Mornsburgh,  Ont. 

JMontego  Bay. 

Montreal,  Quebec. 

Montserrat. 

Moulriiein. 

Nanaimo.  • 

Naj)anee. 

Nassau. 

Nevis 

Newcastle. 

Newcastle,  Engl.ind. 

Newcastle,  N.  B. 

Newcastle,  X.S.W. 

Newjjort. 

•J9 


Norfolk  Island. 

North  Biiy,  Nipissing. 

Nottingham,  England. 

Orillia,  Out. 

Oshawa. 

Ottawa,  Ont. 

t)wen  Sound. 

Palmorston,  <  )nt. 

Paris. 

Parrsboro. 

Parry  Souml. 

l'as|iebia<'. 

I'enang. 

Peterborough. 

I'icton. 

Picton,  Ont. 

I'ictou,  N.  S. 

Plymouth,  England. 

Point  de  Galle. 

Port  Antonio,  Jamaica. 

Port  Klizal.ith. 

Port     Hawksbury    and 

Mulgrave. 
Port  Hope.  Ont. 
Port  Joggins. 
Port  Louis,  Mauritius. 
Port  Maria. 
Port  Moraiit. 
Port  Rowan,  Ont. 
I'ort  Sarnia,  Ont. 
I'ortsnumth. 
Port  Stanley,  r.  I. 
Proscott,  Out. 
Potton. 

Pugwash  and  AVallace. 
t^)uebec. 
Rangoon. 
Rat  Portage,  Ont. 
Redditch. 
Richibncto. 
Rimouski,  Quebec. 
Ro.seau,  Dominica. 
Rossland,  B.  C. 
Salt  Cay. 
St.  Andrews. 
St.  Anns  Bay. 
St.  Catharines. 
St.  Christopher,  W.  T. 
St.  (leorge. 

St.  Georges,  I'ermuda. 
Si.  Helena. 
St.  Helens. 

St.  Hvacinthe,  Quebec. 
St.John,  N.B. 
St.  Johns,  N.  F. 
St.  Johns,  Quebec. 
St.  Lucia. 
St.  Stephen,  N.  B. 
St.  Thomas,  Ont. 
St.  Vincent. 
Sault  Sto.  Marie,  Ont. 
Savannah-la  Mar. 
Searborunirh. 
Scilly  Islands. 
Sheliield   England. 
Slielburne. 
Slierbrooke,  Quebec. 
Siena  Leone,  Africa. 
Siiiiiuistown. 
Singapore,  S.  S. 
.Sorel. 
.Souris. 

Southampton,  England. 
Stanbridge,  Quebec. 
Stanstead. 
Stratford,  Ont. 
Sudbury,  Ont. 
Sumuierslde. 
Sunderland. 
Suva,  Fiji  Islands. 
Sutton. 
Swansea. 
Svdney. 

Sydney,  N.  S.  W. 
Three  Rivers,  Quebec. 
Toronto,  Ont. 
Townsville. 


Trenton. 

Trinidad,  W.  I. 

Troon. 

Tunstall,  Kngland. 

Turks  Ishind.  \V.  I. 

W.illacoburgh,  Ont. 

AVaterford. 

AVaterloo. 

AA'aubaushen<'. 

"Wellington. 

AA'eyniouth. 

Wiarton. 

AVindsor.N.S. 

AA'iiidsor,  Ont. 

A\' jni:hani. 

AVinnipeg,  Manitoba. 

Wolverhampton.        ./ 

AVoodstock,  N.B. 

A^ancouver,  H.  C. 

A'ictoria,  H.  C. 

Yarmouth,  N.  S. 


GKEECB. 


Athens. 

Corfu. 

Kalamata. 

Patras. 

Pineus. 

Zante. 


QUATKM.\LA. 

Champcrico. 

Guatemala. 

Livingston. 

Ocos. 

Quezalteuango.  , 

San  Jo86  de  Guatemala 


Aux  Cayes. 
Cape  Haitieu. 
Gonaives. 
.lacmel. 
Jeremie. 
Miragoane. 
Petit  GoAve. 
Port-au-Prince. 
Port  de  Paix. 
St.  Marc. 


HOXDUKAS. 

Amapala. 

Bonacca. 

Ceib.t, 

Nacaome. 

Ruatan. 

Puerto  Cortez. 

San  Juancinto. 

San  Pedro  Sula. 

Tegucigalpa. 

Truxillo. 

Ulilla. 

ITAI-Y. 

Ancona. 

Bari. 

Bologna. 

Cagliari. 

Carrara. 

Castellamare  di  .^taliia* 

Catania. 


Civita  Veci 

Florence. 

Genoa. 

Girgenti. 

Leghorn. 

Licata. 

Messina. 

Milan. 


hia. 


450 


PART    LIII. CONSULATES    OF    THE    UNITED    STATES. 


Conmilales  of  the  United  States  hy  countries — Contiuiu'd. 


ITALY — continued. 

Naples. 

Palermo. 

Kodi. 

Rome. 

San  Remo. 

Sorrento. 

Trapaui. 

Turin. 

Venice. 


Nagasaki. 

Osaka  and  Hiogo  (Kobe) 

Tamsui,  Formosa. 

Yokohama. 


SeoiiL 


Cape  Coast  Castle. 
Monrovia. 


MADAGASCAK 

Taniatave. 


Ma.ikat. 


Casa  Blauca. 

Mogador. 

Tangier. 

NETHERLANDS  AND 
DOMINIONS. 

Amsterdam. 
Eatavia,  Java. 
Buen  Ayre. 
Cura(;ao,  W.  I. 
Flushing. 
Macassar,  Celebes. 
Padang,  Sumatra. 
•  Paramaribo,  Gniana. 
Kotterdam. 
St.  Eustatius. 
St.  Martin,  W.  I. 
Samarang. 
Schiedam. 
Soerabaya. 

NICAKAOUA. 

Blueflelds. 

Corinto. 

Managua. 

San  Juan  del  Norte. 

San  Juan  del  Sur. 

PARAGUAY. 


Teheran. 


Helaingfijrs. 

Libau.' 

Moscow. 

Odessa. 

Eevel. 

Kiga. 

Uostolf  and  Taganrog. 

St.  Petersburg. 

Vladivostock. 

Warsaw. 

Wiborg. 


SALVADOR. 


Acajutla. 
El  Trninfo. 
La  Libertad. 
La  Union. 
San  Salvador. 


Apia. 


Belgrade. 


Acapulco. 

Aguas  Calientes. 

Camargo. 

Chihuahua. 

Ciudad  Juarez. 

Ciudad  Porflrio  Diaz. 

Coatzacoalcos. 

Uurango. 

Ensenada. 

Erontera. 

Guadulajara. 

Guanajuato. 

Gruaymas. 

Lagiina  de  Termiuos. 

La  Paz. 

Magdalena  Bay. 

Matamoros. 

Mazatlan. 

Mexico. 

Mier. 

Monterey. 

Nogalew. 

Nuevo  Laredo. 

Parral. 

Paso  del  Norte. 

Progreso. 

Pueblo. 

Saltillo. 

San  Benito. 

Sau  Jos6. 

San  Luis  Potosi. 

Sierra  Mojada. 

Tamiiico. 

Tehuautepec   and   Salina 

Cruz.  li 

Toreon. 

Tuxpan.  ^^1,,, 

Victoria.  Batoum. 

Aeracruz.  Cronstadt. 

Zacatecas. 


Callao. 

Chiclayo. 

Mollen'do. 

Paita. 

Piura. 

Truxillo. 

Tumbez. 

PORTUGAL  AND    DOMIN 

IONS. 

Beira. 

Brava. 

Faro. 

Flores. 

Funchal,  Madeira. 

Li.sbou. 

Loaiida,  Africa. 

Loiirenco  Marquez. 

Oporto. 

Setubal. 

Santiago,  C.  V.  Islands. 

St.  Michaels. 

San  Jorge. 

St.  Vincent. 

Terci'ira. 

ROUMANIA. 
Bucharest. 


SWEDEN  AND  NORWAY. 

Arendal. 
Bergen,  Norway. 
Christiania,  Norway. 
Christiansand. 
Drontheim. 
(lothenberg,  Sweden. 
Helsingborg. 
Malmo. 
Stavanger. 
Stockholm,  Sweden. 
Sundsvall,  Sweden. 
Troniso,  Norway. 

SWITZERLAND. 

Aarau. 

Basel. 

Berne. 

Chauxdefonds. 

Geneva. 

Lucerne. 

St.  Gall. 

Vevey. 

Winterthur. 

Zurich. 

TURKEY  AND  DOMINIONS. 


Bangkok. 


Aleppo. 

Alexandretta. 

Alexandria. 

Assioot. 

Bagdad. 

Basso  rah. 
SOUTH  AFRICAN  REPUBLicKeirut,  Syria. 

Cairo,  Egypt. 
Johannesberg.  " 

Pretoria. 


SPAIN  AND   DOMINIONS. 


Constantinople. 

Damascus. 

Dardanelles. 

Erzerum. 

Haifa. 

Jerusalem,  Syria. 

Keneli. 

Luxor. 

Mansourah. 

Mersine. 

Mytilene. 

Port  Said. 

Salonica. 

Samsoun. 

Sivas. 

Smyrna. 

Suez. 

Trebizonde. 

Tripoli,  Svria. 

Yafa. 


Algeciras. 

Alicante. 

Almeria  Malaga. 

Barcelona. 

Bilbao. 

Cadiz. 

Carril. 

Carthagena. 

Corcubion. 

Corunna. 

Denia. 

Ferrol. 

Garrucha. 

Gijou. 

Granada. 

Grand  Canary. 

Grao. 

Hnelva. 

Jeres  de  la  Froutera. 

Lanzarotte. 

Madrid. 

Malaga. 

Nukualofa,  Tonga. 

Palma  Majorca. 

Port  Mahou. 

Port  of  Marbella. 

Port  St.  Marys. 

San  Feliu  de  Guixols 

Sau  Sebastian. 

Sautander. 

Seville. 

Tarragona. 

Teneriffe,Cauary  Islands.  Tovar. 

Torrevieja.  "  Valencia 

Vigo.  Valera. 

Vivero. 


URUGUAY. 

Colonia. 

Montevideo. 

Paysaudu. 

VENEZUELA. 

Barcelona. 

Caracas. 

Carupano. 

Ciudad  Bolivar. 

Coro. 

Cumana. 

La  Guayra. 

Maracaibo. 

Puerto  Cabellc 

San  Cristobal. 


INDKXES 


TABLE  OF  LAWS  INCLUDED   IN  THIS  COMPILATION. 

The  followinu;  table  gives  the  sections  of  the  Revised  Statutes  :intl  actssnliseqiient 
to  but  not  in  terms  amemlinu;  or  repealing  the  Revised  Statutes,  together  with  the 
date  of  enactment  and  amendment,  and  the  ]taragraph  and  page  of  this  compilation 
on  which  those  provisions  of  law  may  be  found : 


Section 
Re- 
vised 
Stat- 
utes. 


3 

431 
432 
435 
728 


Para- 
graph 
pf  this 
com 
pila 
tion 


851 
923 


941 

970 

971 
978 
979 
1433 
1536 
1580 

1581 


1 
359 
359 
361 
110 

394 


111 
392 


Page 
of  this 
com- 
pila- 
tion. 


Enacted- 


15  I  July  13, 1866 
345  j  June  21, 1866 

345    do 

346  Sept.  'J>S,  1850 

90  I  Aug.    8, 1846 
;  June  23, 1874 


379 


91 
375 


124 

103 

392 

376 

392 

376 

392 

376 

392 

377 

250 

207 

355 

344 

388 

;i71 

388 

372 

1 

Apr.  30. 1790 
Apr.  20, 1818 
Mav  15,  1820 
Mai-.  3,1825 
Mar.    3,1847 

Sept.  24. 1789 
July  13,1861 
Aug.  6,  1861 
June  30, 1864 
Julv  13,1860 
Mar.     2, 1867 

Feb.  26,1853 

Aug.  4,1790 
Dec.  31,1792 
Feb.  18,1793 
Mar.  2, 1799 

Aug.  4, 1790 
Dec.  31,1792 
Feb.  18.1793 
Mar.  2,1799 

Aug.  4, 1790 
Dec.  31,1792 
Feb.  18,  1793 
Mar.  2,1799 


5,  1832 
4, 1792 
2, 1799 


Apr. 

Aug 

Mar. 

Feb.  24,1807 

Mar.    2. 1799 

July  22, 1813 

do 

Feb.  20, 1845  ! 

Apr.  21, 1806  I 

July  18,1861  ! 
July  14, 1802  1 

July  l.S.  1861 
Julv  14,  1862 


Amended — 

Section 
Re- 
vised 
Stat- 
utes. 

Para- 
graph 
of  this 
com- 
pila- 
tion. 

Pago 
of  til  is 
com- 
pila- 
tion. 

1707 

249 

206 

1708 

249 

206 

' 

1718 

249 

206 

1719 

249 

207 

May  28, 1896 

1720 

249 

207 

1721 

249 

207 

1954 

286 

231 

1955 

287 

231 

1956 

298 

242 

1957 

291 

2:i3 

1958 

291 

234 

1959 

292 

234 

1960 

298 

243 

1961 

298 

243 

1963 

298 

243 

1      1964 

298 

244 

1965 

298 

244 

1966 

298 

244 

1967 

298 

244 

1968 

298 

244 

1969 

298 

245  1 

1970 

298 

245 

iSIar.    3,  1899 

1971 
1973 

298 
426 

215 
431 

1974 

426 

431 

1975 

426 

431  ' 

1976 

426 

432  1 

2158 

321 

276 

2159 

321 

276 

lilay     3,  1880 

2160 

321 

■_'7il 

E  n  acted - 


Apr.  14, 1792 
Aug.  18, 1856 

do 

do 

Aug.  5.1861 
June  20,  1864 
July  27, 1868 
do 

do 

do 

July     1,1870 

July  27, 1868 

Mar.    3,1869 

July    1, 1870 

do 

do 

do 

do 

do 

do 

do 

do 

....do 

do 

Miir.  5,  1872 
July  31,  1870 

Mar.  5,1872 
Mar.    3,  1875 

Mar.    5,1872 

do 

Feb.  19,1862 
Feb.     9. 1869 

Feb.  19,1862 
Feb.  9, 1869 
Mar.  3,1875 
F..1.    !!i  ^>i^,•2 


Amended- 


June  26, 1884 


May  17, 1884 
Mar.    3,1899 


Mar. 
Mar. 


2,  18S9 

3,  1899 


Mar.    3,  1S99 
Do. 
Do. 
Do. 


Mar.    3, 1875 


151 


452  INDEXES. 

Table  of  lams  included  in  this  compilation — Continued. 


Section 
Re- 
vised 

Para- 
graph 
of  this 

Page 

3f  this 
com- 

Enacted— 

Amended — 

vfsed   °flb*« 

Page 

of  tnis 
com- 

Enacted — 

Amended— 

Stat- 
utes. 

pila- 
tion. 

pila- 
tion. 

Stat- 
utes. 

pila- 
tion. 

pila- 
tion. 

2161 

321 

277 

reh.  19,1862 

2642 

419 

410 

Mar.     2,1799 

June  23, 1874 
Mar.    3,1875 

2643 

419 

410 

May    7,1822 

2162 

321 

277 

Feb.  19,1862 

Mar.     3, 1875 

2644 

419 

411 

Mar.    3, 1863 

Mar.    3,1875 

2645 

419 

411 

Feb.    11,1846 

2163 

321 

277 

Feb.  19,1862 

2646 

419 

411 

July  28,  1866 

2164 

321 

277     May  31,1870 

Do. 

2647 

419 

411 

Mar.    3,  1841 

2174 

74 

55    June    7, 1872 

i 

Mar.    3,1857 
July  18, 1860 

2497 

166 

143 

Mar.     1,1817 

July  24, 1897 

2648 

419 

411 

July  14, 1862 

2502 

167 

143 

June  30, 1864 

Aug.  28, 1894 
July  24, 1897 

2649 

426 

430 

May  12,1870 
Aug.  15, 1876 

Mar.    3,  1891 

2507 

246 

205 

Mar.    3, 1843 

Aug.  28, 1894 
July  24, 1897 

2651 

426 

431 

May  12, 1870 
Juiie  10,  1874 

2511 

245 

205 

Feb.   19,1869 

Aug.  28, 1897 

Aug.  15, 1876 

Veh.     8, 1875 

2652 

426 

431 

Aug.  30, 1842 

Mar.   3,1875 

2513 

244 

204 

June    6,1872 

Bo. 
July  24, 1897 

2653 

426 

431 

July  18,1806 

2747 

329 

289 

Mar.    2, 1799 

2514 

245 

205 

do 

Aug.  28, 1894 
July  24, 1897 

Mar.    3,1845 
July  20, 1868 

2520 

213 

179 

May  10,  1800 

2748 

424 

424 

Mar.    2,1799 

2524 

213 

179 

Feb.  25,  1801 

Apr.  20, 1866 

2537 

213 

180 

Jan.   26,1848 

2749 

424 

424 

July  25, 1861 

July  31,1870 

2540 

213 

180 

do 

2750 

424 

425 

Feb.     4, 1863 

June    4,1897 

Aug.  31,  18.52 

2751 

424 

425 

do 

2554 

214 

181 

May  26, 1824 

2752 

424 

425 

Mar.    2, 1855 

2581 

213 

180 

June  16, 1860 

2753 

424 

425 

Eeb.  28,1867 

Aug.  18, 1894 

2588 

213 

180 

June  14, 1870 

2754 

424 

426 

Feb.     4, 1863 

2589 

214 

181 

do 

2755 

424 

426 

Feb.   28,1867 

2590 

213 

180 

do 

2756 

424 

426 

Mar.    2,1799 

2621 

419 

405 

Mar.    2,1799 

2757 

424 

426 

do 

2622 

419 

400 

do 

Mar.    3,1875 

2758 

329 

289 

do 

2623 

419 

406 

Mar.    2,1799 
Mar.    3,1875 

2759 

355 

34'' 

Apr.  20,1866 
July  15,1870 

2624 

419 

406 

Mar.    2,1799 

2760 

329 

289 

Mar.    2,1799 

Mar.    3, 1875 

2761 

424 

426 

do 

2625 

419 

406 

Mar.    2,1799 

2762 

424 

426 

do 

Mar.    2, 1895 

Mar.    3,1875 

2763 

329 

289 

do 

2626 

419 

407 

Mar.    2,  1799 

2764 

329 

289 

do 

2627 

419 

407 

do 

2705 

329 

290 

do 

2628 

419 

408 

d(. 

2766 

190 

163 

June  22, 1874 

2629 

419 

408 

^'" 

2767 

190 

163 

do 

2630 

419 

408 

do 

Mar.    3,  1817 

2768 

190 

163 

do 

2631 

419 

408 

Mar.    3,1873 

2769 

190 

163 

Mar.    2,1799 

2632 

419 

408 

Mar.    2,1799 

2770 

"191 

104 

do 

2633 

419 

408 

July  18, 1866 

2771 

191 

164 

do 

July  27,1868 

2772 

192 

164 

do 

2634 

419 

408 

May    7,1822 

May  10. 1800 
Feb.  25,1867 

2635 

419 

409 

Mar.    2,1799 

2773 

193 

165 

Mar.    2,1799 

2636 

419 

409 

do 

2774 

193 

164 

do 

2637 

419 

409 

do 

2775 

193 

164 

do 

2638 

419 

409 

do 

1 

May    1,1872 

2639 

419 

410 

....  do  

Mar.    3,1849 

July  31,  1894 

2776 

195 

166 

Mar.    2,1799 
Feb.  22, 1805 

June  26, 1884 

2040 

419 

410 

Mar.    2, 17S9 

2776 

196 

160 

Mar.    2,1799 

2041 

i      419 

410 

May    7,1822 

Feb.  22,1805 

INDEXES. 


453 


Table  of  laws  included  in  this  conipilation — Continued. 


Section 
Re- 

Tisert 
Stat- 
utes. 


2777 
2778 

2779 
2780 
2781 
2782 
2783 
2784 
2785 

2786 

2787 
2788 
2789 
2790 
2791 
2792 
2793 
2794 
2795 
2796 
2797 
2798 
2799 

2800 
2801 
2802 
2803 
2804 
2805 
2806 
2807 
2808 
2809 
2810 

2811 

2812 
2813 
2814 
2815 
2816 
2817 
2818 
2819 

2820 

2821 

2822 


Para- 
graph 
of  this 
com- 
pila- 
tion. 


196 
196 

199 
199 
199 
199 
199 
199 
200 

200 
200 
200 
200 
178 
201 
201 
202 
203 
204 
204 
204 
205 
207 

207 
207 
207 
206 
209 
210 
211 
211 
211 
211 
211 

212 

212 
212 
212 
212 
213 
213 
213 
213 

213 

213 

213 


Page 
of  this 
com- 
pila- 
tion. 


106 
166 

167 
167 
167 
167 
168 
168 
168 

168 
168 
169 
169 
149 
169 
169 
169 
170 
170 
170 
170 
171 
171 

172 
172 
172 
171 
173 
173 
173 
174 
174 
174 
175 


175 
176 
176 
176 

177 
177 
177 
177 

177 

177 

177 


Kiiactcfl— 


Mar.    2.1799 

do 

June  20. 1876 

Mar.    2,1799 

do 

do 

do 

do 

do 


Amended — 


Mar.    3,1897 


do 

May    1, 1876 

Mar.    2,1799 

do 

do 

do 

do 

do 

June   4,1872 

Feb.  10,1871 

Mar.    2,1799 

do 

do 

do 

July    7,1838 

Mar.    2, 1799 
Mar.    3,1823 

Mar.    2,1799 

do 

do 

June  30, 1864    June  10, 1890 

July  28, 1866    Aug.  28, 1894 

Mar.    2,1799    Sept.  30, 1890 

do  . 

do '  June   3,1892 

do 


do 

do 

Feb.  27,1877 

Mar.  2, 1799 
July  18, 1866 

Mar.    2,1799 

do 

do 

do 

do 

do 

Aug.   3,1854 

do 

Feb.  27, 1877 

Mar.  3,1857 
Jan.   27,1858 

July  14, 1870 
Feb.  27,1877 

Mar.  2,1831 
Sept.  28, 1850 
Feb.  27,1877 


Section 

Re- 
vised 
Stat- 
utes. 

Para- 
graph 
of  this 
com- 
pila- 
tion. 

Page 

of  tliis' 
com- 
pila- 
tion. 

178 

2823 

213 

2825 

213 

178  ! 

2826 

215 

1 
182  , 

2827 

215 

182 

2828 

215 

182 

2829 

213 

178' 

2830 

216 

182 

2831 

217 

183 

2832 

213 

179  ' 

2833 

213 

179 

2834 

212 

176 

2836 

213 

179 

2867 

220 

184 

2868 

220 

184 

2869 

218 

183 

2870 

218 

183 

2871 

221 

184 

2872 

222 

185 

2873 

222 

185 

2874 

222 

180 

2875 

223 

186 

2S70 

223 

186 

2877 

223 

186 

2878 

223 

187 

2879 

223 

187 

2880 

224 

188 

2881 

224 

188 

2882 

225 

188 

2883 

226 

189  j 

2884 

226 

189 

2885 

226 

189 

2886 

226 

189 

2887 

227 

190 

2888 

228 

190 

2889 

228 

191 

2890 

228 

191 

2891 

229 

191 

2892 

229 

192 

2893 

229 

192  1 

2894 

229 

192 

2805 

229 

192  1 

2896 

230 

192 

2966 

234 

195 

2967 

213 

180 

2968 

213 

181 

2969 

224 

188 

Kiiiictcd — 


Mar.  2,1831 
Sept.  28, 1H50 
Aug.  31,1852 
Aug.  2,  1854 
Aug.  3,  1854 
Mar.  11,1864 

Mar.  2,1831 
June  20,  1876 

Mar.  2, 1831  ' 
Feb.  27,1877 

Mar.    2,1831 

do 

do 

do 

do 

June  30. 1834 
July    7,  1838 

June  30, 1834 

Mar.    2, 1799 

Mar.    3,1801 

Mar.  2,1799 
June  22,  1874 

Mar.    2, 1799 

do 

do 

Mar.    3,1873 

Mar.    2,1799 

do 

do 

do 

do 

do 

do 

do 

do 

Mar.    2,1861 

Mar.    2,  1799 

do 

do 

...   -do  

do 

July  14. 1832 

Mar.    2,1799 

do 

do 

do 

do 

do 

do 

do 

do 

Feb.  14, 1805 
Mar.  2,1799 
Aug.  3,1854 
Sept.  28, 1850 
Mar.  2,1867 
Mar.    2, 1799 


A  mended - 


Mar.    3,1897 


Mar.    3,1897 


June   5,1894 


June  26, 1884 


May    9, 
June    3, 


1890 
1892 


June  26. 1884 


454  ,  INDEXES. 

Tabic  of  laws  included  in  this  compilation — Contiimed. 


Section 
Re- 
vised 

Para- 
graph 
of  this 

Page 
of  this 

COIU- 

Enacted— 

1 
Amended  — 

Section 
Re- 
vised 

Para- 
graph 
of  this 

Page 

of  this 
com 

Enacted— 

Amended — 

Stat- 

pila- 
tion 

pila- 

Stat- 

pila- 
tion. 

pila- 

utes. 

tion. 

utes. 

tion. 

2981 

242 

203 

Mar.    2,186V 

May  21, 1896 

3086 

182 

156 

July  18, 1866 

2982 

387 

371 

July  14,1862 

3087 

184 

157 

Mar.    2,  1799 

2998 

231 

193 

July  14, 1870 

3088 

184 

157 

July  18,1866 

2999 

426 

432 

Mar.  28, 1854 

3089 

184 

157 

Mar.    2,1799 

3000 

232 

193 

do 

3094 

189 

162 

do 

3001 

232 

193 

do 

3095 

251 

208 

do 

July  14,1862 
Feb.  27, 1877 

3096 

251 

208 

do 

3002 

233 

194 

Mar.    3,1845 

3097 

253 

209 

do 

Aug.  30, 1852 

3098 

253 

209 

Mar.    2,1821 

Feb.  27,1877 

July  18, 1866 

3003 

233 

194 

Aug.  30, 1852 
Feb.  27,1877 

3099 

253 

209 

Mar.    2,1821 
Mar.    3,1823 

3004 

233 

194 

Apr.  30, 1872 

July  18, 1866 

3005 

233 

195 

July  28, 1866 
Feb.  27,  1877 

3100 

254 

210 

July  27, 1864 
Feb".  18.1875 
Feb.  27, 1875 

3006 

233 

195 

July  28, 1866 

3101 

254 

210 

June  27, 1864 

3007 

233 

195 

June   4,1872 

3102 

255 

210 

do 

3008 

233 

195 

Mar.    3,1845 
Aug.  30, 1852 

3103 

255 

211 

do 

3035 

197 

166 

Mar.    2,1799 

3104 

255 

211 

do 

303C 

198 

167 

Mar.    1,1823 
Feb.     2, 1831 

3105 

255 

211 

do 

Feb.  27, 1877 

3058 

236 

199 

Mar.    2,1799 

Feb.  23.1887 

3106 

255 

211 

June  27, 1864 

3059 

181 

152 

July  18,  1866 

3109 

256 

212 

July  18,1866 

Feb.  17,1898 

3060 

181 

152 

do 

3110 

252 

208 

do 

3063 

183 

156    do 

Feb.    8,1881 

3111 

257 

212 

do 

Feb.  10,1871 

3067 

181 

152 

Mar.    2,1799 

3112 

257 

212 

July  18,1866 

3068 

181 

152 

do 

Feb.  10,1871 

3069 

181 

153 

do 

3113 

258 

213 

July  18,  1^66 

3070 

223 

187 

do 

Feb.  10,1871 

3071 

181 

153 

July  18, 1866 

3114 

259 

213 

July  18, 1866 

3072 

182 

153     Mar.    2, 1799 

3115 

259 

213 

do 

3073 

182 

153    do 

3116 

260 

214 

July    1,1870 

3074 

182 

153 

Apr.    2,1844 

3117 

260 

214 

do 

Aug.    8,1846 

3118 

260 

214 

do 

Feb.  28,1865 
July  18,  1866 

3119 

260 

214 

do 

July  28, 1866 

3120 

260 

214 

July  18,  1866 

3075 

182 

154 

Apr.    2,1844 

Feb.  27, 1877 

Feb.  28,  1865 

3121 

261 

215 

July    1, 1870 

July  1»,  IHCe 

3122 

260 

215 

July    1,1870 

3076 

182 

154 

Apr.    2,1844 
July  18,1866 

3123 

262 

215 

do 

3077 

182 

154 

Apr.    2,1844 

3124 

263 

215 

do 

July  18, 1866 

3125 

263 

215 

do 

3078 

182 

155 

do 

3126 

264 

216 

May  27, 1848 

3079 

182 

155 

Apr.    2,1844 

3127 

265 

210 

do 

July  18, 1866 

3128 

266 

216 

Mar.    3,1817 

3080 

182 

155 

do 

3129 

266 

216 

Sept.  20, 1850 

3081 

182 

155 

Mar.    3,1863 

3969 

323 

282 

do 

3082 

239 

.     201 

Mar.    2,  1799 
July  18,1866 

3970 

323 

282 

do 

July  20, 1 876 

3977 

323 

282 

do 

3083 

182 

155 

May  29, 1830 

3978 

323 

282 

do 

Feb.  27, 1877 

3987 

323 

282 

....Ah> 

3084 

184 

156 

July  18, 1866 
Mar.    3,1873 

3988 

323 

283 

do 

3085 

184 

156 

July  18, 1866 

3989 

323 

283 

do 

Mar.    3, 1873 

3990 

323 

283 

do 

INDEXES. 


455 


Tdhle  0/  huci  inclii<litl  in  this  cDiiijiilation    -W>]\{\]i\n-i\. 


Section 

Re- 
vised 
Stat- 
utes. 


;!991 
3992 
4006 
4007 
4008 
4009 
4010 
4011 
4012 
4015 
4021 
4022 
4023 
4079 
4080 
4081 
4131 
4131 
4131 

4131 

4132 
4135 
4136 

4137 
4138 
4139 
4141 
4142 

4143 
4144 
4146 
4147 
4148 

4149 
4150 
4151 
4152 
4153 
4153 
4153 
4153 
4153 
4153 
4153 

4153 
4153 
4153 


Tara-  i  t. 


of  tins 
coni- 
pila- 
tion. 


COIIl- 

pila- 
tioii. 


323 
323 
323 
323 
323 
323 
323 
323 
323 
323 
324 
324 
324 
110 
110 
110 
2 
42 
61 

64 

3 
2 
3 

33 
33 
33 
30 
28 

28 
29 
32 
27 
13 

13 
13 
13 
25 
14 
15 
16 
17 
18 
19 
20 

21 
22 
23 


284 
284 
284 
284 
284 
284 
285 
285 
285 
285 


do 

-do 

.do 

.do 

-do 

-do 

.do 

.do  , 

-do  , 

.do 


89  :  June  11, 1864 

do  .. 

do  .. 

Dec.  31,1792 

do 

do 


-do 


.do 
.do 
.do 


283     Sept.  26, 1850 

283  ' do 

284  June   8, 1872 


Section'  ^"."jf,;  I  PaKo 
Re-    I  ^7?  .  '  of  tlu, 


do 

Feb.  10,1866 

Dec.  23,1852 
July  23, 1866 

Mar.    3,1825 

do 

do 

Dec.  31,1792 

do, 

July  29,1850 

Dec.  31,  1792 

....do 

do 

do 

do 

May    6, 1864 

Dec.  31,1792 

May    6,1864 

Feb.  28, 1865 

May    6, 1864 

do 

do 

do 

25    do 

25    do 

25  ' do 

25  I do 


Anii'iidc'd  — 

ite- 
vised 
Stat- 
utes. 

of  tlii.s 
com- 
pila- 
tiou. 

COIll- 

pilu- 
tion. 

Kna.t.-d- 

.\  mended— 

4154 

26 

29 

Mar.    2,1799 

AufT.    5,1882 

4155 

31 

33 

Doc.  31,1792 
July  29, 1850 

Jan.   10,1895 

4150 

31 

34 

Dec.  31,1792 

4157 

31 

34 

Mar.    3,1813 

4158 

31 

34 

Dec.  31,1792 

July     5, 1884 

4159 

30 

31 

do 

4160 

30 

32 

do 

4161 

30 

32 

do 

4162 

30 

32 

do 

4163 

30 

33 

do 

4164 

34 

35 

Mar.    2,1797 

Do. 

4165 

3 

16 

June  27, 1797 
Mar.  27, 1804 

Mar.    3,1897 

May  28, 1896 

4166 
4167 

34 
39 

35 
38 

Mar.    2,1803 
Dec.  31,1792 

Do. 

]S[ay  10,1892 

JuBo26,1884 
May  28,  1890 

4168 

39 

38 

do 

4169 

4170 
4171 

40 
36 
36 

38 
30 
36 

do 

do 

do 

July    5, 1884 
Do. 

Apr.  17, 1874 
May  28, 1890 

4172 
4173 

38 
177 

37 
148 

do 

do 

4174 

41 

38 

do 

Do. 

July    5, 1884 

4175 
4176 

41 
31 

3!) 
34 

do 

do 

Jan.   16,1895 
July    5,1884 

4177 

9 

LS 

July  28, 1800 

Do. 

June  19, 1886 

4178 

10 

19 

Dec.  31, 1792 
June  23, 1874 

June  26, 1884 
Feb.  21,1891 
Jan.   20,1897 

4179 

11 

19 

May    5,1884 

Mar.    2,1881 
July    5, 1884 

4180 

58 

4(i 

Dec.  31, 1792 

4181 

58 

47 

do 

Jan.   10,  1895 

4182 
4183 

58 
58 

47 
47 

do 

do 

Do. 
Do. 

4184 

58 

48 

do 

4187 

59 

48 

do 

4188 

59 

48 

do 

4189 

59 

48 

July  18,1866 

4190 

59 

48 

Mar.  26, 1810 

4191 

59 

49 

Mar.    2,1803 

4192 

37 

36 

July  29, 1850 

Mar.    2,1895 

4193 

37 

37 

Mar.    3,1865 

Juno  19, 1886 

' 

4194 

37 

37 

July  29,1850 

Do. 

4195 

37 

37 

do 

Do. 

4196 

37 

37 

do 

Aufj;.    5, 1882 

4197 

168 

145 

Mar.    2,1799 

Mar.    2,1895 
Mar.    3,1897 

Mar.    2,1895 

4198 
4199 
4200 

169 
170 
170 

145 
146 
140 

do 

do 

Feb.  10,1820 

Do. 

Auk.    5,  1882 
June  19.  1886 
Mar.    2,  1895 

4201 
4202 
4204 

171 
172 
173 

146 
147 
117 

Mar.    2,1799 
do 

July    4,1804 

456 


INDEXES. 


TahJe  of  laws  included  in  this  compilation — foTitiuucd. 


Section 
Ee- 
Tised 

Para- 
graph 
of  this 

Pago 

of  tliis 

com- 

Enacted— 

Amended — 

Section 
Re- 
vised 

Para- 
graph 
of  this 

Pago 

of  this 

com- 

Enacted— 

Amended — 

Stat- 
utes. 

pila- 
tion. 

pila- 
tion. 

Stat- 
utes. 

pila- 
tion. 

pila- 
tion. 

4205 

174 

147 

Mar.    3,1833 

4280 

149 

130 

July    3,1866 

4206 

175 

147 

Mar.    3,1797 

June  19,  1886. 

4281 

122 

100 

Feb.  28,1871 

Mar.    2,1799 

4282 

122 

100 

Mar.    3,1851 

4207 

175 

147 

Aug.  18,  1856 

4283 

122 

100 

do 

4208 

214 

182 

Mar.    3,1817 

4284 

122 

100 

do  .... 

4209 

178 

149 

do 

Feb.  27,1877 

4210 

•178 

149  ! do 

4285 

122 

101 

Mar.    3,1851 

4211 

178 

149  I do 

4286 

122 

101 

do 

Aug.  23, 1842 

4287 

122 

101 

do 

4213 

178 

150     Aug.  18, 1856 

June  26, 1884 

4288 

122 

101 

do 

June  26, 1884 

4214 

8 

17  !  Aug.    7,1848 

Mar.    3, 1SS3 

June  19, 1886 

1  June  29, 1870 

Jan.  16,1895 

4289 

122 

102 

do 

Do. 

4215 

8 

18     Aug.    7, 1848 

4290 

121 

08 

June    7, 1872 

4216 

8 

18  1  June  29, 1870 

Feb.     5, 1897  : 

4291 

121 

99 

do 

4217 

8 

18  ' do 

4292 

121 

99 

do 

4218 

8 

18    do 

1 

4293 

412 

380 

Mar.    3, 1819 

4219 

155 

lo5 

July  20, 1790 

June  26, 1884 

Jan.  30,1823 

Apr.  27,  1816 
Jan.  14,1817 
Mar.    1, 1817 

June  19, 1886 
Feb.     5,1897 

4294 

412 

386 

Mar.    3,1819 
Jan.  30,1823 

Mar.    3,1817 

4295 

412 

386 

Mar.    3,1819 

May  31, 1830 

Jan.   30,1823 

July  14, 1862 
June  28, 1864 
Mar.    3, 1865 
Feb.  27,1877 

June  in,  1886 

4296 

412 

386 

Mar.    3,1819 
Jan.   30,1823 
Aug.    6,  1861 

4219 

156 

135 

do 

Apr.    4,1888 

4297 

412 

387 

Aug.    5,1861 

June  19,1886 

4298 

412 

387 

do 

4219 

158 

1:37 

do 

July  24,  1897 

4299 

412 

387 

do 

4220 

156 

136 

July  14, 1870 

4300 

393 

377 

June  11, 1864 

Apr.  18, 1874 

4301 

393 

377 

do 

4221 

156 

136 

Mar.    3,1869 

4302 

393 

377 

do 

4222 

160 

138 

July  20, 1868 

4303 

393 

1 
377    do 

4225 

159 

138 

Mar.  27, 1804 

4304 

393 

378  ' do 

,     4226 

159 

138 

Mar.    3,1805 

4305 

393 

378 

Dec.  31,1792 

4226 

177 

149 

do 

4306 

179 

150 

June    1, 1796 

4227 

155 

135 

Apr.  27, 1816 

Feb.  12,1831 

Jan.   14,1817 

4307 

179 

150 

June    1,1796 

4228 

157 

136 

May  24, 1828 
May  31,  1830 
July  13, 1832 

Do. 

4308 

179 

150 

Mar.    2,1803 

4309 

179 

151 

Feb.   28,1803 

4229 

157 

i;J7 

May  24, 1828 

4310 

179 

151    do 

4230 

157 

137 

do 

4311 

5 

16  i  Fob.  IS.  1793 

4231 

157 

137 

Mar.    1,1869 

4312 

44 

41  1 do 

4232 

156 

136 

May  28,1864 

4313 

51 

44  1  Mar.    0, 1825 

4233 

351 

339 

Apr.  29, 1864 

June  19, 1886 
Mar.    3, 1893 
Mar.    3,1897 

4314 
4315 

51 
51 

44  : do 

44  ' do 

1 

4235 

154 

133 

Aug.    7,1789 

4316 

5 

16 

Mar.  12, 1812 

4236 

154 

133 

Mar.    2,1837 

4317 

5 

16 

do 

4237 

154 

133 

July  13, 1866 

4318 

5 

16 

June  17, 1864 

Feb.  27,1877 

4238 

327 

287 

Apr.  14, 1792 

4319 

47 

41 

Feb.  18,1793 

Jan.  16,1895 

4239 

328 

288 

Mar.    3,1825 

July  29, 1850 
Feb.  27,1877 

4240 

328 

288 

do 

4320 

45 

41 

Feb.  18,1793 

Do. 

4241 

328 

288 

Feb.  23,1847 

Feb.  27,1877 

4250 

72 

54 

Apr.    9,1872 
Feb.  18,1875 

4321 

48 

42 

Feb.  18,1793 
May  24, 1828 

Do. 

4251 

93 

72 

Julv  20, 1846 

Feb.  18,1875 

4322 

43 

40 

Feb.  18,1793 

4278 

149 

12!) 

July    3,1806 

4323 

.  43 

40  ; do 

July    5,1884 
Jan.  16,1895 

4279 

149 

129 

do 

4324 

47 

43 

do 

INDEXES. 


457 


Table  of  lawn  included  in  this  vomiiilation — ('oiitiiiiu^cl. 


Section 
Re- 
vised 

Para- 
(frapli 
of  this 

Page 

of  tliis 
com- 

Kiiiict.'.l— 

! 

AmeiuU'd  — 

Section' 
Re- 
vised 

Para- 
grai)h 
of  this 

Page 
of  tliis 
com-        P.naeted — 

Amended— 

Stat- 
utes. 

pilft- 
tioii. 

jiila- 
tion. 

, 

Stat- 
utes. 

pila- 
tioii. 

pila- 
tion. 

4325 

50 

43 

Feb.  18,1793 

4367 

279 

224    Feb.  10, 1793 

4326 

50 

43 

do 

4368  1 

279 

225  ' do 

4327 

50 

44 

do 

July  18, 1866 

4369 
4370 

279 
280 

225   do 

225    July  18, 1866 

4328 

55 

45 

Feb.  28, 1«65 

Apr.  17, 1874 

Feb.  23, 1867 

Jan.  16,1895 

4371 

281 

225     Feb.  18,1793 

June   19,1886 

4329 

52 

44 

Mar.    2,1797 

July   5,1884 

4372 

281 

226 

do 

4330 

259 

213 

July  18, 1866 

4373 

60 

49 

do 

4331 

6 

17 

Feb.  18,1793 

4374 

60 

49 

do 

May    6,1864 

4375 

60 

49 

do 

4332 

54 

45 

Feb.  18, 1793 

4376 

60 

49 

do 

4333 

48 

43 

do 

Do. 

4377 

281 

226 

do 

4335 

53 

44 

do 

Apr.    2,1836 

4336 

57 

46 

do 

4378 

282 

226 

Feb.  18,1793 

4337 

176 

148 

do 

4379 

282 

226 

do 

4338 

176 

148 

do 

4380 

282 

226 

do 

4339 

4 

16 

Apr.    4,1840 

4384 

46 

41 

July  18, 1866 

Do. 

4340 

56 

45 

Feb.  26,1865 

4385 

7 

17 

Feb.  18,1793 

Apr.  18, 1874 

4341 

56 

45 

Feb.  28,1867 

4386 

339 

Mar.    3,1873 

4342 

56 

46 

Mar.    3,1849 

4387 

339 

299 

do 

4343 

56 

46 

do 

4388 

339 

299 

do 

4344 

56 

46 

Feb.  11,1830 

4389 

339 

299 

do 

4345 

56 

46 

Jan.  26, 1848 
Aug.  31,  ]  852 

4390 

339 

299 

do 

Feb.  27,1877 

4346 

56 

46 

Feb.  11,1830 

4391 

89 

65 

June  19, 1813 

4347 

277 

22« 

Mar.    1,1817 
Mar.    3,1873 

Mar.    3,1883 
June  19, 1886 

Mar.    3,1865 

Feb.  18,  ]  875 

Feb.  15,1893 

4392 

89 

65 

June  19, 1813 

Feb.  27, 1877 

Feb.  17,1898 

4393 

89 

66 

do 

4348 

267 

218 

Mar.    2,1819 

4394 

89 

66 

do 

May    7, 1822 

4399 

125 

105 

Feb.  28, 1871 

Jan.   18,1897 

4349 

268 

218 

Feb.  18,1793 
Mar.    2,1819 

4400 

125 

105 

do 

Aug.  7,1882 
Mar.    1,1895 

4350 

268 

219 

Feb.  18,1793 
July  12, 187G 

4401 

154 

133 

do 

Aug.  19, 1890 
Feb.    8,1895 

4351 

269 

219 

Feb.  18,1793 
July  12, 1876 

4402 

420 

412    do 

June   7,1897 

4352 

269 

220 

Feb.  18,1793 

4403 

420 

412  1 do 

4353 

271 

220 

do 

July  12, 1876 

4404 
4405 

420 
420 

412    do 

412  i do 

4354 

271 

221 

Feb.  18.1793 
July  Ifi,  1876 

4406 

140 

120 

do 

4355 

272 

221 

Feb.  18,1793 

4407 

140 

120 

do 

Mar.    2,1819 

4408 

420 

412 

do 

July  12,  1876 

4409 

420 

413 

do 

4356 

272 

222 

Feb.  18,1793 

Feb.  27,1877 

July  12, 1876 

4410 

420 

413 

Feb.  28, 1871 

4357 

274 

223 

Mar.    2,1795 

4411 

420 

413 

do 

4358 

286 

231 

July  27, 1868 

4412 

351 

342 

do 

Aug.  19,]89( 

4359 

274 

222 

Feb.  18,1793 
Mar.    2,1819 

Feb.  8,  1895 
June   7,1897 

4360 

274 

223 

Feb.  18,1793 

4413 

351 

342 

do 

June  7,1897 

Feb.  18, 1875 

4414 

420 

413 

do 

Mar.    1,1895 

4361 

275 

223 

Feb.  18,1793 

Mar.  2,1895 
Feb.  15,1896 

4362 

213 

181 

do 

Apr.  21, 1898 

4363 

213 

181 

do 

4415 

420 

415 

Feb.  27, 1877 

4364 

176 

148 

do 

4416 

420 

415 

Feb.  28,  1871 
Feb.  I'T,  1877 

4365 

176 

148 

do 

4417 

113 

92  '  Feb.  28.  1871 

Dec.  21,1898 

4366 

276 

224 

do 

Feb.  27,  1877 

458 


INDEXES. 


TahJe  of  laws  included  in  this  compilation — Continued. 


Section 
Ee- 
vised 
Stat- 
ntes. 


^'*''t    Page 

SP^P^Jof  this 

lorn!'    -" 
pila- 
tion. 


4418 
4419 
4420 

4421 

4422 
4423 
4424 
4425 
4426 

4427 
4428 
4429 
4430 
4431 
4432 
4433 
4434 

4435 
4436 
4437 
4438 
4439 
4440 


129 
129 
129 

138 

136 
138 
138 
420 
125 

125 
129 
129 
129 
129 
129 
129 
129 

129 

129 

130 

65 

66 

67 


pila- 
tion. 


4443 

70 

4444 

154 

4445 

71 

4446 

65 

4447 

140 

4448 

140 

4449 

140 

4450 

140 

4452 

125 

4453 

125 

4454 

125 

4455 

420 

4456 

420 

4457 

420 

4459 

420 

4460 

420 

4461 

420 

4462 

420 

4463 

127 

4464 

137 

108     Feb 
Feb 

Feb 
Feb 


117 
120 
121 
417 
106 

106 
110 

110  i 
110  ' 

111! 
Ill' 

mi 
111 

112 
112 
112 

51 

52 

52 

52 


53 
133 
53 
52 
122 
122 
122 
122 
106 
107 
107 
416 
416 
416 
416 
416 
416 
416 
108 
119 


Dec. 
Jan. 
Feb. 

Feb 
Feb 

Feb 


28, 1871 
27, 1877 

28. 1871 
27, 1877 

17. 1872 
6, 1874 

27, 1877 

.  28,1871 
.  27, 1877 

.  28,1871 

do 

do 

do 

do 


-do 

-do 

.do 

.do 

.do 

.do 

.do 

-do 


do 

do 

do 

do 

do 

do 

Feb.  27,1877 

Feb.  28, 1871 
Apr.  17, 1874 
Feb.  27,1877 

Feb.  28, 1871 
Apr.  17, 1874 

Feb.  28,1871 

do 

do 

do 

do 

do 

do 

do 

do 

..,..do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

....  do  


Amended — 


June  19, 1886 


Jane  25, 1890 
Dec.  22,1890 
Jan.  18,1897 


Aug.   7,1882 
Jan.   22,1895 


Feb.    1, 1885 
Feb.  28, 1895 


Dec.  21,1898 
Do. 
Do. 

May    28,1896 


Section 

Re- 
vised 
Stat- 
utes. 


tion.  i  *^«°- 


4465 
4466 
4467 


137 
137 
137 


4468 

137 

4469 

137 

4470 

135 

4471 

135 

4472 

136 

4473 

136 

4474 

136 

4475 

136 

4476 

136 

4477 

135 

4478 

135 

4479 

135 

4480 

134 

4481 
4482 
4483 
4484 
4485 
4486 
4487 
4488 

4489 
4490 


June  19, 1886 


132 
132 
135 
133 
133 
133 
352 
132 

132 

131 


4491 

125 

4492 

135 

4493 

141 

4494 

139 

4495 

10 

4496 

142 

4497 

142 

4498 

125 

4499 

142 

4500 

142 

4501 

418 

4502 

418 

4503 

75 

4504 

77 

4504 

76 

4505 

418 

4506 

418 

4507 

418 

4508 

75 

4509 

78 

4510 

78 

4511 

79 

119 
120 

120 

120 
120 
115 
115 
117 

118 
118 
118 
118 
116 
116 
116 
115 
113 
114 
116 
114 
115 
115 
342 
114 

114 
113 

107 
117 
122 
121 
19 
123 
123 
105 
123 
123 
404 

405 

56 

57 

57 

405 

405 

405 

56 

57 

58 

58 


Knacted — 


Feb.  28, 1871 
do 

do 

Feb.  27,1877 

Feb.  28,1871 

do 

do 

do 

do 

Feb.  27,1877 

Feb.  28,1871 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 

do 


Anieiidt-d- 


July    9,1886 


Oct.    18,1888 


do 

do 

Feb.  27,1877 

Feb.  28,1871 

do 

do 

do 

do 

do 

do 

do 

do 

do 


June   7, 1872 
June   9,1874 

June   7,1872 

do 

Jan.  15,1873 

do 

June   7, 1872 

do 

do 

do 

do 

do 


do 

Jan.  15,1873 


59     June   7, 1872  ' 


Mar.    2,1889 
Apr.  11, 1892 

Mar.    2,1889 

July    9,1886 


Feb.  21,1891 


June  26, 1884 
June  19, 1886 


June  19, 1886 
Mar.    3,1897 


June  26, 1884 
Mar.  3,1897 
Dec.  21,1898 


INDEXES. 


451) 


Table  of  hues  invlitdctl  in  ili'iH  cum2>ilati<it; — ('out  iiiued. 


Section  '  , '  ,"     Page 
1^«-    'oft    s^"  this 
^'««''  I   CO  '^•""■ 

ntes.      P'' ,       tioD. 


EuacU'd  — 


4513 

4514 
4515 
4516 
4517 
4518 
4519 
4520 

4521 
4522 

4523 

4524 

4525 

4526 

4527  ; 

4528 

4529 

4530 
4535 
4536 
4537 
4538 
4539  I 
4540 
4541  : 


81 
81 
82 
83 
83 
79 
88 

88 
88 

76 
92 
92 
92 
92 
92 
92 

92 

92 

95 

95 

101 

101 

101 

101 


4542 

101 

4543 

101 

4544 

101 

4545 

101 

4546 

92 

4547 

92 

4548 

92 

4549 

90 

4550 

90 

4551 

90 

4552 

92 

4553 

92 

4554 

98 

4555 

98 

4556 

114 

4557 

114 

4558 

114 

4559 

115 

4500 

115 

4561 

115 

4562 

115 

4563 

115 

4564 

116 

June    7, 1872 
Feb.  27, 1877 

June   7,1872 

do 

do 

do 

do 

do 


July  20, 1790 
Juno   7,1872 

July  20,1790 

do 

Feb.  27,1877 

July  20, 1840 

June   7, 1872 

do 

do 

do 

do 


Auieiided- 


July  20, 1790 
June    7,1872 

July  20, 17S0 

June   7,1872 

do 

July  20, 1790 

June    7,1872 

do 

do 

do 

do 

do 

do 

do 

Julv  20, 1790 
Aug.  23,  1842 

Julv  20,  1790 
Aug.  23,  1842 

Mar.    3, 1873 

June    7, 1872 

do 

do 

do 

do 

do 

do 

July  20, 1790 

do 

do 

July  20. 1840 

do 

do 


June  19,  \8M 
Feb.  18.  1895 


Dec.  21.  1898 
June  20  1884 


Uo. 
Dec.  21, 1898 


Do. 


Do. 
Do. 


Feb.  18.1895 


Mar.    ;t.  1897 
Do. 


Do. 

Mav  28.  1896 


Dec.  21, 1898 


Do. 
Do. 
Do. 
Do. 


Juue20, 1884 
Dec.  21,1898 


1.) 

95  I do 

95  !  July  20, 1790  I 


Do. 


1 

'  Section 
Re- 
vised 
Stat- 
utes. 

1  Para- 
firai)!) ' 
of  tills 
com- 
pila- 
tion. 

456S 

116 

4566 

116 

4567 

116 

4568 

116 

4569 

118 

1 

4570 

119 

4571 

117 

4572 

120 

4573 

84 

4574 

84 

4575 

86 

4576 

85 

4577 

100 

4578 

100 

4579 

100 

4580 

91 

4581 

91 

4582 

91 

4583 

91 

4588 

74 

4591 

74 

4594 

418 

4595 

75 

4596 

102 

4597 

102 

4600 

96 

4602 

102 

4603 

92 

4604 

102 

4605 

92 

4606 

180 

4607 

99 

4608 

102 

4610 

104 

4611 

103 

4612 

73 

4653 

425 

4654 

425 

4655 

425 

4630 

425 

4657 

425 

46ii8 

425 

4659 

425 

Page 

)f  ibi.- 
coni- 

pill; 
tion. 


50 
56 

405 
57 
80 
81 
74 

82 
72 
81 
72 
151 
75 
82 
83 


427 
427 
427 
427 
427 
427 


Kiiacled—       Aiiii-iidcd 


June    7 

1H72 

do 

Dec.  21 

1898 

do 

do 

Do. 

do 

Juno  20 
Juno  19 

1884 

188U 

do 

do  . 

Dec.  21 

do 

1898 

Feb.  28 
Apr.    4 

1803 
1840 

June  19 

1886 

Mar.    3 

1813 

July  20 
Feb.  27 

1840 
1S77 

Feb.  28, 

1803 

Mar.    3, 

1897 

do  . 

May  28 
Foli.    9 

1896 

1890 

do  . 

June  20. 
June  19, 

1884 
1886 

Feb.  28, 

1811 

Aug.  18, 

1856 

June  20, 

1884 

Aug.  18, 1856 

Feb.  28,1803 

July  20,  1840 
Aug.  18, 1850 

May  28, 1796  j 
do 

June    7,  1872 

do 

do 

do 

do 

do 

do 

do 

Feb.  27,  1877 
Juno    7,  1872 

d.) 

July  27. 1860 
Juno  7, 1872 
Sept.  28, 1850 
Feb.  20,1811 
Aug.  31, 1852  I 

do 

do 

do 


Do. 

Apr.    4, 
Dec.  21, 

June  26, 
Dec.  21, 

June  20, 
Dec.  21, 

June  19, 


1888 
1898 

1884 
1898 

1884 
1898 

1886 


Juno  19, 1S86 

Do. 
Dec.  21,  1898 

Do. 

Juno  26, 1884 
Dec.  21,1898 


Do. 


Co 

do 

June  22 
June  23,  Ifsii 
Feb.  27,  1877 


1874 


427  I  Aug.  31, 1852    Mar.    :'.,  1879 


460  INDEXES. 

Tahlc  of  hues  included  in  this  compiJation — Continued. 


Section 
Re- 
vised 
Stat- 
utes. 


I  Para- 


com- 
pila- 
tion. 


4660 
4661 
4662 
4663 


4664 
4665 
4666 
4667 
46C8 
4669 
4670 

4671 
4672 

4673 
4674 
4675 
4676 
4677 
4678 
4679 
4680 
4681 

4682 
4683 
4684 
4685 
4686 

4687 
4688 
4689 
4690 
4691 

4792 
4793 
4794 
479.^ 
4796 
4797 
4801 

4802 

4804 
4805 

4806 


425 

425 
425 
425 


425 
425 
425 
425 
425 
425 
425 

425 
425 


pila- 

tion. 


Enactt'd- 


427 
427 
427 
427 
359 

304 
304 
305 
305 
305 
306 
109 

421 

109 
109 


428 
428 

42S 
428 


428 
428 
428 
429 
429 
429 
429 

429 
430 


425 

430 

425 

430 

425 

430 

357 

344 

357 

344 

357 

344 

425 

430 

425 

430 

427 

432 

427 

432 

427 

432 

427 

432 

427 

433 

427 

433 

433 
433 
433 
433 
345 

250 
251 
251 
251 
251 
252 


Mar.  2, 

May  15, 

Mar.  2, 

Mar.  3, 
Aug.  31, 
Aug.  18, 
Mar.  3, 
Mar.  3, 

Mar.  3, 

Aug.  31, 

do  . 

Mar.  2, 

Mar.  3, 

Aug.  31, 

do  . 


1867 

1820 

1795 

1851 
1852 
1856 
1859 
1863 

1831 

1852 


Section 
I       Re- 
Amended—       vised 
Stat- 
utes. 


1867 
1859 
1852 


do  . 

Sept.  28. 
Mar.    2, 

Mar.    G, 

Mar.    3, 

Mar.    3, 

Mar.    2, 

July  15, 

Sept.  28, 

Aug.  31, 

do  . 

Feb.  10, 
July  10, 

Feb.  10, 

Mar.    3, 

do  . 

July  10, 

Feb.  10, 
Apr.  14, 

June  17, 

June  12, 

Mar.    3, 

do  . 

June   3, 


1850 
1867 

1867 

1859 

1869 

1868 

1870 

1850 

1852 


1807 
1832 

1807 

1843 


1832 

1807 
1818 

1844 

1858 

1853 


July    7,1884 


June  23, 1874 
July  26, 1886 


Aug.  30, 1890 


1844    June  20, 1878 
Mar.  3,  1879 


Feb.  23, 1799 

do 

do 

do 

do 

do 

July  16, 1798 

June  29, 1870 
Mar.    3,1875 


Feb.  10,1871 
May    3,1802 


Mar.    3,1875 
June  26, 1884 

Jan.     4, 1889 


Mar.    3, 1875 

Do. 
Aug.    4,1894 

Apr.  20, 1866  I  Mar.    3, 1875 
J  une  27, 1866  I 


5280 

5281 
5282 
5283 
5284 
5285 
5286 
5287 


5289 
5290 
5291 
5292 


Para- 
graph 
of  this 
com- 
pila- 
tion.^ 


Page 
of  this 
com- 
pila- 
tion. 


5294 

5295 

5339 

5340 
5341 

5342 
5343 

5344 
5345 
5346 
5347 
5348 
5349 
5350 
5351 
5353 
5354 
5355 
5356 

5357 


97 

379 
379 
379 
379 
379 
379 
379 

379 
379 
379 
379 
330 


395 
395 

395 
395 

395 
396 
397 
398 
399 
400 
400 
400 
136 
136 
136 
401 

401 


362 
362 
362 
362 


364 
364 


Enacted — 


Mar. 
Feb. 


2. 1829 

::4, 1855 


379 

379 
379 

380 
380 

380 
380 
380 
380 
381 
381 
381 
381 
119 
119 
119 
381 


Apr.  20, 1818 

do 

do 

do 


.do 


do 

Feb.  18,1875 

Apr.  20, 1818 

do 


.do 

-do 


Mar. 
Feb. 
Mar. 
Julv 
May 
June 
.Jan. 
Mar. 
Feb. 

S!*!     July 
Sept. 


June 
Jiilv 
JulV 
July 
June 
Jan. 
Mar. 
Feb. 

292  Feb. 


3,  1797 
11,1800 

2, 1803 
13,  1861 
20,1862 
22, 1874 
22,  1875 

3, 1875 
27, 1877 

14, 1832 
28, 1850 
27, 1864 
18, 1866 
27,  1868 

1.  1870 
22,  1874 
22,  1875 

3, 1875 
27, 1877 

28, 1871 


Amended - 


Feb.  28. 1865 
June  22, 1874 

Apr.  30, 1790 
Mar.    3,1825 

Apr.  30, 1790 

do 

Mar.    3, 1857 

do 

Apr.  30, 1790 
Mar.    3,1857 

Feb.  28,1871 

Mar.    3,1825 

do 

Mar.  3, 1835 
Apr.  30, 1790 
Mar.  24.  I860 

do 

do 

July  3,1866 

do 

do 


Apr.  30, 1730 
Aug.23, 1842 

Apr.  30, 1790 
Mar.    3,  1825 


Mar.    3,1889 


Dec.  15,1894 
Mar.  2,1896 


Mar.  3, 1875 


Mar.  3,1897 


INDEXES. 


461 


Table  of  law k  included  in  ildn  eompiJalion — Citnl  iiiiird. 


Section 

Re- 
vised 
Stat- 
utes. 


5358 
5359 

5360 

5361 
5362 
5363 
5364 
5365 
5366 

5367 
5368 
5369 
5370 
5371 
5372 
5373 
5374 
5375 
5376 
5377 
5378 
5379 
5380 
5381 
5382 
5383 

5384 
5385 
5386 
5387 
5390 
5391 


Pnrn- 
irrapli 
of  this 
com- 
pila- 
tion. 


402 
403 

403 

404 
404 
405 
406 
406 
406 

407 
413 
413 
413 
413 
413 
413 
413 
414 
414 
414 
414 
414 
414 
414 
414 
413 

413 
407 
407 
407 
408 
409 


Page 
ol'tliia 
com- 
pila- 
tion. 


381 
382 


382 
382 
383 
383 
383 
383 

383 
387 
387 
387 
387 
388 
388 
388 
393 
393 
393 
394 
394 
394 
394 
394 
388 

388 
384 
384 
384 
384 
384 


Enacted —       Amcndeil — 


Mar.   3, 1825 

Apr.  30. 1790 
Mar.   3, 1825 

Apr.  30. 1790 
Mar.   3,1825 

do 

do 

do 

do 

Mar.  20, 1804 

Afar.  2. 1804 
Mar.   3.1875 

July  29, 1850 

Mar.   3,1819 

Apr.  30, 1790 

May  15, 1820 

do 

Apr.  30, 1790 

do 

Mar.  3, 1847 
May  15, 1820 

do 

Apr.  20, 1818 

do 

do 

Mar.  2.1807 
May  10, 1800 

do 

Apr.  30, 1790 
Aug.  8,1846 

Apr.  30, 1790 

Mar.  3,1825 

do 

do 

Apr.  30, 1700 

Mar.  5,1825 
Apr.    5,1866 


Auk.   6,1894 
Do. 


Section 
Re- 
vised 
Stat- 
utes. 


Para- 
graph 
oftlii.s 
com- 
pila- 
tion. 


5423 
5482 
5551 

5552 
5553 

5554 
5555 
5556 
5557 

5558 


June  23, 1874 


411 
420 
414 

414 
414 

414 
414 
414 

414 


5559 

414 

390 

5560 

414 

391 

5561 

414 

391 

5562 

414 

391 

5563 

414 

391 

5564 

414 

391 

5565 

414 

391 

5566 

414 

392 

5567 

414 

392 

5568 

414 

392 

5569 

414 

392 

5570 

380 

366 

5571 

380 

366 

5572 

380 

3C6 

5573 

380 

366 

5574 

380 

367 

5575 

380 

367 

5576 

380 

367 

5577 

,  380  1 

367 

5578 

380 

367 

Page 
of thiH 
com- 
pila- 
tion. 


385 
417 
389 

389 
389 

389 
390 
390 
390 

390 


Kuaeted- 


Mar.   3,  1825 

Aug.30. 1872 

Mar.  22.  1794 
Apr.  20,  1818 

Mar.  22.  1794 

Mav  10.  1800 
Apr.  20,  1818 

Mar.  22, 1794 

Mar.   2,1807 

May  10, 1880 

do 

Mar.  2, 1W)7 
Mar.   3,  1819 

Mav  10.  1800 
Mai".  2,  1807 
Mar.   3,1819 

do 

Mav  10, 1800 
Mar.    3,  1819 

...-do 

....do  

do 

Mar.  22, 1794 

May  10, 1800 

June  16,  1860 

....do 

July  17, 1802 

....do  

Aug. 18, 1856 

....do 

Apr.   2,1872 

Aug.l8, 1856 

...do 

July  28, 1866 

Aug.  18, 1856 

....do 

....do 

....do 


Amended — 


462 


INDEXES. 


Laics  in  chronological  order,  etiacted  since  the  Revised  Statutes,  and  embodied  in  this  com- 
pilation, otherwise  than  as  amendments  to  the  Rerised  Statutes. 


Act- 

Amended — 

Paragraph 
of  this 
compila- 
tion. 

Page 
of  this   i 
compila- ! 
tion. 

Act— 

Amended — 

Paragraph 
of  Wiis 
compila- 
tion. 

Page 
of  thi.s 
compila- 
tion. 

Apr.    18,1874 
Mav      7,1874 

7 

150 

87 

381 

383 
325 
185 

186 
187 
188 
414 
109 
238 
315 
317 
237 
273 
423 

384 
7 

;;58 

235 

320 
143 
307 
309 
310 
19 

125 
386 
94 
109 
119 
247 
33  7 
330 
249 
161 
417 
311 

87 

162 
429 
312 

17 
130 

63  ! 
368 

369  j 
286 
157 
159 
161 
161 
393 
88 
200 
262  ' 
263 
199 
222  i 
419 

370 
17 
345 
196 

274 
124 
253 
255 
256 
25 

105 
370 

72 

88 

07 
205 
263 
292 
207 
139 
403 
25G 

63 

140 
435 

Feb.  23,1887 
Do 

Mar.    3,1887 
Feb.  29, 1888 
May  16, 1888 
June  29, 1888 
Aug.   1,1888 
Aug.  11, 1888 
Sept.  13, 1888 
Mar.  27, 1890 
May  24,1890 
J  une  10, 1890 
Do 

344 

313 

163 
415 
377 
376 
303 
371 
319 
303 
326 
206 
240 
429 
346 

431 
164 
336 
337 
338 
342 
345 
410 
360 
12 
314 
317 
322 
331 
332 
422 

334 
318 

42 
165 
378 
123 
299 
300 
301 
302 
421 
296 
316 
317 
308 
356 
297 
219 
424 
385 

306 

Oct.    19,1887 
Mar.    3, 1891 

260 

June     0, 1874 

140 

June  20, 1874    June  18, 1878 

395 

Do 

Do 

Jan.  21,1897 
Mar.    3.1881 
Mar.    3,1897 
June  10, 1890 
Jan.  22,1875 

Mar.    3,1899 
Aug.  17, 1894 

361 
356 
250 

June  22,1874 

352 

Do 

Do 

Oct.     1, 1888 

208 

Do 

Mar.    3,1893 

287 
171 
201 

June  23,1874 

Mar      3  1875 

Do 

Do 

436 

Do      

Aug.  19, 1890 

Aug.  28, 1890 

Aug.  30, 1890 

Do 

May  28, 1894 
June  10, 1896 

Do 

June  20,1876 

446 

July    12.1876 

June  18,1878    June  20,  1874 

296 

May    4.1882 
June  22, 1892 
Aug.   3, 1894 
Mar.    8,  1895 

Do 

296 

Do 

297 

Do 

301 

Feb.    26, 1879 

June  19, 1886 

Sept.   4,1890 
Do 

307 

June  30,1879 

385 

Feb     11  1880 

June  14, 1880 
July    2,1884 
Fell.  23,1887 
Feb.     2.  1899 

July    5,1884 

Mar.    3,1893 

Aug.  18, 1894 

Mar.    3,1891 

Oct.     1, 1890 

345 

June  111,  1880 

Feb.  21,1891 

Mar.    3,1891 

Do 

Jan.  20,1897 

20 
261 

263 

May      6, 1882 

Do 

279 

Aug.     2, 1882 

Do     ... 

293 

Aug.     3,1882 

Do 

293 

Do 

Do 

Do 

Do 

May    5, 1892 
May  10,1892 
July  20, 1892 
Feb.    6, 1893 
Feb.  13,1893 
Feb.  15,1893 

Do 

Do 

Aug.  18, 1894 
Mar.    2,1895 

Mar.    2,1895 

Nov.  *  3, 1893 

419 

Aug.     5,1882 
Aug.     7, 1882 

Mar.    2,1895 
Mar.    3,1897 

Mar.    1,1895 

294 

265 

39 

Mar      3  1883 

Dec.  21,1898 

142 

June  26, 1884 

361 

Do       

102 

Do June  19, 1886 

Do July  24,1897 

Do. 

Aug.  18, 1894 

246 
247 

249 

Do 

1 

Do  ..     ..1 

249 

Do        .     1 

Do 

July    5,1884 

418 

Do 

Feb.  21.1893 

Mar.    3,1893 

Do 

237 

July     fi  1884 



Mar.    3,1891 
Mar.    3,  1893 
Mar.    2,1895 

Feb.  18,1895 
Mar.    3,1897 

263 

Feb.    26,1885 

204 

June  19,1886 

Do 

Oct.   31,1893 
Apr.    C,1894 

Mar.    2,1895 

253 
344 

238 

Do,. - 

Do..- 

Feb.     3, 1887 

June  10, 1890 

Mar.    3,1893 
Mar.    2,1895 

June    5,1894 
July  31.  1804 
Aug.   3,1894 

Mar.    3,1899 

183 
424 
370 

INDEXES. 


46; 


Laws  ill  chronological  order,  enacted  tiince  the  Revised  Statutes,  etc. — Continutd. 


Act— 


Aug.    4,1894 
Aug.  17, 1894 

Do 

Aug.  28, 1894 


Amended — 


Paragraj)!!       Page 

'     of  this  of  this 

I    cuiiipila-  coiiipihi- 
tioii.  tiou. 


July  24, 1897 

Do !  Apr.  14,1896 

I  Apr.  23, 1897 
July  24, 1897 


Feb.  8,  1895 
Fob.  18, 1895 
Feb.  19,1895 
Mar.    2, 1895 

Do 

Do 

Feb.  5, 1896 
Mar.  6, 1896 
Mar.  16,1896 
May  19,1896 

Do 

May  22,1896 
May   28,1896 

Do 

June    8, 1896 


109 

374 
376 
208 
340 

350 
87 
349 
24 
194 
389 
317 
353 
431 
354 
375 
431 
100 
428 
241 


354 
356 
172 
299 

331 
63 
3L'9 
28 
1G5 
373 
318 
342 
446 
343 
355 
446 
76 
433 
202 


Act- 


Aiii«>iided- 


June  10, 1896 
Mar.  2,1897 
Mar.  3,1897 
June  7, 1897 
July  24, 1897 
Dec.  29,1897 
Feb.  17,1898 

Do 

Mar.  22, 1898 
Apr.  22,1898 
May  14,1898 
June  13, 1898 
July    7,1898 

Do 

Dec.  21,1898 
Mar.  1,1899 
Mar.    3,1899 

Do 

Do 

Do 


Paragraph 

of  this 

coinpila- 

tiou. 

Page 

of  this 

<'uiiipila- 

tiiiii. 

431 

446 

343 

303 

126 

108 

348 

319 

243 

204 

295 

236 

278 

224 

290 

233 

333 

293 

390 

373 

293 

234 

416 

398 

283 

227 

391 

373 

112 

92 

341 

301 

288 

232 

294 

235 

362 

347 

389 

372 

IISTDEX 


A. 

rage. 

Absence  without  leave,  penalty  for  seaman's 80 

Abuse  of  seaman 380 

Abutments 352 

Accident,  investigation  of  marine 122 

to  vessels,  report  of 286 

unlading  on  acconut  of 184 

Accommodations  for  ajjiirentices 26 

cattle 293 

Clew 25 

immigrants 124 

master 26 

passengers  on  steam  vessels 92 

Actors  not  regarded  as  alien  contract  immigrants 257 

Acts  of  Congress,  table  of,  included  in  this  compilation 151 

Admeasurement.     See  Measurement. 

Administrative  officers 403 

Admiral  line,  mail  service  by 280 

Adulterated  products,  importjition  of 301 

Ad  valorem  articles  may  not  be  immediately  transported 198 

Advance  wages  prohibited 72 

Agent.     See  also  Owner. 

Agent,  registry  by 32 

required  to  furnish  bill  of  lading 103 

Agreement,  form  of  articles  of 83 

of  seamen  in  coasting  trade 64 

on  whaling,  fishing,  and  Great  Lakes  vessels Vid 

to  shi})  seamen  in  foreign  trade 58 

with  fishermen 65 

Aids  to  navigation 344 

Alabama,  export  of  live-oak  timber  from 117 

Alaska,  foreign  Aessels  to  proceed  inland  only  under  permit 212 

return  of  shipwrecked  seamen  from 76 

special  procedure  for  remission  of  penalties  in 292 

subports  in 446 

trade  with 231 

transfer  of  cargo  of  foreign  vessel  in 212 

Albany,  N.  Y.,  entry  of  imported  merchandise  at 177 

warehouse  privilege  at 181 

Alien  contract  immigrants,  exceptions  to 257 

immigration 256 

immigrant  law,  penalty  for  violation  of 258 

immigrants,  inspection  of 259 

1  ist  of 253 

immigrant.     See  Immigriuit. 

naturalization  of  engineer  or  pilot 51 

officer  of  American  vessel,  ])enalty  for 138 

ownersbi])  in  vessel  prohibited 31 

owning  Anie:-ic;in-built  vessels 46 

]»asseuger8  pay  $1  he.id  tax 253 

resident  may  enroll  steamboat 16 

sale  of  licensed  vessel  to 226 

sale  of  vessel  to 37, 148,  149 

seamen,  naturalization  of 55 

surrender  of  register  on  sale  to 34 

tonnage  taxes 137 

NAV  99,  PT  2 30  1155 


4G6  INDEX. 

Page. 

Allotment  in  coasting  trade  prohibited 73 

must  be  approved  by  shipping  commissioner 73 

of  A\agea 72 

prohibited  to  Canada,  Newfoundland,  West  Indies,  and 

Mexico 73 

See  also  Wages. 

Almanac,  nautical 345 

Alphabetical  list  of  American  consulates 447 

Alton,  111.,  entry  of  imported  merchandise  at 178 

American-built  vessel,  owned  by  aliens 46 

American  delegates  to  International  Marine  Conference,  convocation  of 318 

Line,  mail  service  by 280 

products,  discriminations  against  • 142 

seamen,  in  foreign  ports,  jurisdiction  over 88 

vessel,  discriminations  against 140 

documents  of 30 

Anchorage  grounds  at  New  York  and  Chicago 361 

of  vessels  in  channels 350 

Anchor - 92 

gear,  deductions  for 26 

Animals,  bill  of  lading  for 103 

Annexation  of  Hawaii 227 

Antiscorbutics 97 

Appendix  of  measurement 28 

to  register 28 

Appraisal  of  seized  property _  154 

Apprentice - 56,  57-58 

accommodations  for 26 

account  of 85 

not  seaman 55 

on  ocean  mail  steamers 281 

shipment  in  coasting  trade  64 

Appropriation  for  ocean  mails  of  1899 282 

Arbitration  of  wages 69 

before  shipping  commissioner 75 

Armament  of  ocean  mail  steamers 281 

Arrears  of  wages  abroad 67 

Arrival  of  vessel  must  be  reported  witbin  twenty-four  hours 164 

to  1)6  reported  before  departure 165 

Arson 383 

Articles  of  agreement,  form  of 83 

See  Shipping  articles,  Seaman. 

shipping 58 

Artists,  not  regarded  as  alien  contract  immigrants 257 

Asiatic  coolies 276 

Assault  of  officer,  penalty  for 81 

on  customs  officer 49 

with  dangerous  weapon 380 

Assisted  immigration 256 

persons,  immigration  of  prohibited 261 

Atlantic  ports,  trade  from,  to  Pacific  ports  of  United  States,  coasting  trade  ..  432 

Atlantic  to  Paciiic  port,  shipment  of  seaman 57 

discharge  of  seaman 66 

payment  of  seaman  in 70 

Attorney,  registry  by 32 

Aiigusta,  Ga.,  entry  of  imported  merchandise  at 177 

Auxiliary  cruiser 40,  280 

Average,  general 101 

liens  on  merchandise  for  general 203 

Awards,  informers,  etc 158 

Axes  for  fire H" 

B. 

P>acon,  inspection  of  export 296 

Baggage  and  tools  of  trade  exempt  from  duty 171 

of  passengers,  immediate  transportation  of 197 

in  transit 171 

manifest  of 174 


INDEX.  KiT 

Baggago  of  passengers  to  bo  listed 1^0 

Ballast,  water,  uu'asmeiiieiit  of  spaces  for '2') 

Bank  l)ills,  liability  for M) 

Barge,  exeni[)t  from  domnionts 17 

inspection  of  passenger i'li 

liability  of 1012 

passenger,  licensed  oliicers  of 51 

shall  carry  fire  appliances 117 

Barratry 383 

in  Alaska -3r> 

Brands  of  foreign  merchandise 172 

Bayport,  Fla.,  entry  of  merchandise  at 177 

Beacons •  ?7 

Benzine  ou  vessels 117 

Berths  on  immigrant  ships 1  J^iJ 

Berwick,  Mo.,  morchaudise  destined  for 17!( 

Betweeu-decks -  ^ 

Bill  of  exchange,  tax  on 400 

health -'46 

lading,  articles  must  be  entered  on 100 

fraudulent,  in  Alaska 235 

liability  incurred  in 102 

required 103 

tax  on 400 

to  1)6  produced  ou  entry  of  merchandise 168 

sale  of  vessel 36 

Birth,  must  be  entered  in  log  book 99 

Boarding  by  revenue  cutters -89 

illegal,  of  vessel 75 

officer,  duty  of,  concerning  seamen 63 

protection  of  roveune 176 

to  inspect  manifests 175 

muster  crew 62 

of  immigrant  vessel 130 

vessel  152 

penalty  for 151 

Boatswain's  stores,  deductions  for -6 

Boat,  use  of,  in  foreign  trade  ou  Great  Lakes 209 

Boiler,  deductions  for 27 

districts  for  inspection  of 413 

inspection  of lOS 

ferryboat,  canal  bo.it,  and  yacht 106 

plates,  inspection  of 110 

pressure  on Ill 

stamping  plates  of 110 

Bond  of  cargo  for  reexjioi  t 166 

firm  or  partnership 199 

master  with  foreign  cargo  proceeding  from  district  to  district 168 

resident  alien  owner  of  steamboat 15 

transportation  in 1  i'3 

Bonded  merchandise,  entry  of. 182 

transportation  of,  tiirough  Canada  and  Mexico 195 

unlawful  removal  of 193 

routes 193 

transportation  of,  express  packages 202 

warehouses 161,  193 

deposit  of  certain  merchandise  in,  for  immediate  d«'li\'ery .  195 

in  Alaska 234 

ports  at  which  established 4  16 

Boom  as  obstruction 317 

Boston,  Mass.,  transportation  of  merchandise  via,  for  British  provinces 195 

Bottomry,  lien  by 36 

Brazos  Harbor,  Texas,  merchandise  in  transit  through 180 

Breadth,  definition  of J -2 

Break,  inclosed  spaces,  etc 24 

Bribery 4  09 

of  shippiug  commissioner 57 

United  States  officer 201 

Bridge  as  obstruction 347 


468  INDEX 

>  age. 

Bridge  piers  and  abutments 352 

spans  as  ()l>stiiictiou8 351 

British  Columbia,  immigration  from  borders  of 260 

trade  with,  through  Ahiska 234 

British  North  American   provinces,   transiiortation    of   bonded   merchandise 

through 195 

British  North  America,  reciprocal  privileges  of  vessels  with 216 

shipment  of  seamen  to T-T,  63 

Brokers,  shipping,  taxes  on 398 

Brownsville,  Tex.,  merchandise  in  bond  to 180 

transportation  of  merchandise  via,  for  Mexico 195 

Builder's  certificate 30 

Build,  change  of 36 

Biilkheads 113 

as  obstruction 347 

Bulk  merchandise 165 

immediate  transportation  of 197 

Bullion  shall  be  transported 147 

Buoys 427 

color  and  number  of 344 

Bureau  of  Immigration 4l9 

Navigation 403 

Burlington,  Iowa,  entry  of  imported  merchandise  at 178 

Burning-fluids  on  vessels 117 

C. 

Cabin,  exempt  from  measurement  in  certain  cases 22 

inspection  of  packages  in 153 

passengers,  manifest  of 174 

Cable  vessels  to  observe  rules  to  prevent  collisions 395 

Cables  of  vessels 92 

protection  of  submarine 395 

Cadet,  on  ocean  mail  steamers 281 

Cairo,  111.,  entrj  of  imported  merchandise  at 178 

California,  special  procedure  for  remission  of  penal  ties  in 292 

Camden,  N.  J.,  enrollment  and  license  of  vessels  at 45 

Campheue,  on  vessels 117 

Canada,  allotment  of  wages  prohibited  to 73 

canal  boats  in  trade  with 17 

certain  ports  exempt  from  bills  of  health 247 

discrimination  by,  against  American  fisheries 140 

immigrant  ships  from,  exempt  from  act  of  1882 124 

immigration  from  borders  of 260 

inspection  at  frontiers  of 209 

reciprocal  privileges  of  vessels  with 216 

shipment  of  seaman  to 63 

trade  with 208 

through  Alaska 234 

transportation  of  bonded  merchandise  through 195 

mails  for,  through  United  States 284 

vessel  to,  exempt  from  certain  war  taxes 402 

Canadian  canals,  discrimination  on 142 

wrecks 287 

Canal  between  Great  Lakes  and  Atlantic 373 

boat,  documented  in  trade  with  Canada 17 

engineer  and  pilot  of 106 

exempt  from  documents 17 

libel  lor  wages 7 i 

inspection  of  huh  and  boiler 106 

liability  of 102 

men  employed  on,  not  entitled  to  marine-hospital  relief 88 

need  not  carry  certain  life-saving  applianct  s 113 

discrimination  on  Canadian 142 

maritime  (Nicaragua) 372 

navigation  of 354 

Cancellation  of  register 38 

Canoe,  use  of,  in  foreign  trade  on  Great  Lakes 209 

Capstan,  deductions  for 26 


INDEX.  469 

Capture  of  vessel,  canoellatioii  of  resistor  on 'AS 

Cargo.     See  Merchandise. 

Carpenter's  certificate '30 

Carriage  of  mtrcliaiulise 161 

])asscngers 119 

Cattle,  import  of  diseased,  proliibitiul 2d6 

in  domestic  trade 298 

on  immigrant  vessels 129 

([uarantine  of 297 

trade 29:i 

(  anseway  as  obstruction 347 

Certiticate,  of  carpenter  or  builder 30 

damage,  tax  on 4U0 

discharge  of  seaman 67,  87 

measurement 21 

register.     See  Register. 

steamboat  inspection 120 

Change  of  build 36 

master 36,  44 

name 19 

owner 35,  44 

trade 40 

Channels,  obstruction  of 350 

Charts 345 

of  Coast  and  Geodet  ic  Survey 432 

room,  deductions  for 26 

Charterer,  liability  of 100 

Charter,  of  foreign-built  yachts 18 

parties,  tax  on 400 

Chemical  acids  on  vessels 117 

Chesapeake  City,  Md.,  enrollment  and  license  of  vessels  at 46 

Chicago  Harbor,  anchorage  grounds  in 361 

Chief  of  the  Revenue-Cutter  Service 424 

China,  export  or  import  of  opium 306 

Chinaware,  liability  for 100 

Chinese  coolies 276 

immigration 264,  265 

restricted  in  Hawaii < 228 

restricted  to  certain  ports 269 

prostitutes 277 

shall  not  enter  United  States  from  Hawaii 228 

Cholera 248,249 

Cigars,  importation  of 173 

Cincinnati,  Ohio,  on  try  of  imported  merchandise  at 178 

Citizenship,  Chinese  not  admitted  to 276 

master's  oath  of 31 

of  crews  of  mail  steamships 280 

officers 50 

seaman 55 

proof  o  f  seaman's 56 

Claims,  aibitration  of  seaman's,  before  shipping  commissioner 75 

Cleanliness  on  immigrant  ships 128 

Clearance  at  special  ports 181 

blank  forms  on  Great  Lakes 411 

fees  upon 147 

ferryboats  exempt  from. 16S 

for  another  great  district 220 

form  of 146 

master's  oath  concerning  mails  before 282 

not  to  be  granted  until  exj)ort  meat  inspected 294 

issue  of  cattle  certificate 293 

oath  of  export  before 167 

of  foreign  vessel 149 

merchandise,  tax  on 401 

tugs  towing  on  Great  Lakes 215 

vessel 145 

vessel  for  Lake  Champlain 182 

yachts 18 

register  to  be  returned  at 149 


470  INDEX. 

Page. 

Clearance  subject  to  State  inspection  laws 147 

to  be  refused  until  alien  immigrant  laws  complied  with 261 

withheld  for  violating  passenger  act  of  1882 132 

when  seaman  illegallj'  discharged  abroad 151 

within  a  great  district 218 

Cleveland,  Ohio,  marine  hospital  not  to  be  sold 418 

Closets  on  immigrant  ships 126 

Clothing,  forfeiture  for  desertion 81 

of  seaman  exempt  from  attachment 74 

supplied  for  seaman 97 

Clubs,  yacht  belonging  to 18 

Coal,  delivery  of 165 

export  of,  in  war 373 

for  vessels  exempt  from  dutv  in  certain  cases 204 

liabili+.y  for .' 100 

manifested  "  for  orders  " 174 

oil  on  vessels 117 

time  for  unlading 188 

when  exempt  from  duty 171 

Coast  and  Geodetic  Survey 432 

survey  charts 345 

Coasting  laws,  evasion  of,  on  Great  Lakes  and  northern  frontiers 208 

permit,  vessel  with  foreign  cargo 167 

trade 218 

agreement  of  seaman  in 64 

to  Alaska 231 

allotments  in,  prohibited 73 

around  Cape  Horn 432 

arrival  of  vessel  in,  at  port  other  than  that  of  destination 224 

by  way  of  Isthmus  of  Panama 432 

cattle  in 298 

desertion  in 65 

failure  of  seaman  to  render  himself  on  board  vessel  in 65 

foreign  vessel  shall  not  engage  in 224 

Lake  Michigan 215 

license  for 42 

Long  Island  and  Rhode  Island 223 

manifests  for  .^ 222 

Mississippi  River 222 

New  York  and  Paris  not  admitted  to 40 

payment  of  seaman  in 70 

penalty  for  violating  laws  concerning 225 

prohil)ited  to  vessels  built  for  foreign  account 204 

registered  vessel  in 21 G,  223 

shipment  of  apprentice  or  servant  in 64 

seaman  in 57,  63 

transportation  of  i mported  merchandise 216 

tonnage  taxes  in  certain  cases 137 

vessels  qualified  for 16 

vessel,  penalty  for  engaging  in  the  foreign  trade 148 

voyages  of  foreign  vessels 224 

Cod  fisheries,  license  for 42 

Coin  shall  be  transported 147 

Cold  Spring,  N.  Y.,  issue  of  documents  at 46 

merchandise  destined  for 180 

Cold  weather,  protection  against -• 98 

Collection  of  duties 183 

Collector  of  customs 405 

may  act  as  shipping  commissioner 56 

to  inspect  provisions  and  water 9.t 

to  remeasure  vessels  in  certain  cases 29 

Collision,  duty  of  master  in  case  of 307 

liability  for  damage  by 122 

in  case  of 307 

owners'  liabilit j'  for  damage  by 100 

rules  to  prevent 307 

Colon,  mail  agency  at 285 

Colorado,  ports  of  delivery  in 446 

Commerce  may  be  suspended  in  the  interests  of  public  health 249 


INDEX.  471 

Pago. 

Commerco  -with  contiguous  coiiutries 208 

Commercial  brokers,  taxes  on 'MH 

Commission  of  yachts 1^ 

Commissioner  General  of  Immigration  11!) 

of  Navigation 103 

may  issue  registers IG 

Commissioners  of  district  courts 133 

immigration 119 

Common  carrier,  exemption  from  seizure 156 

on  immediate  transportation  routes 106 

l)onalty  for  violating  (Hiarantine  laws 250 

Compensation  of  consuls 207 

of  inspector,  supervising  discharge  of  cargo 187 

special,  for  ocean  mails 280 

Congress,  acts  of,  included  in  this  compilation 151 

Consignee,  form  of  oaths  on  entry 173 

may  select  shipping-commissioner  as  arbitrator 75 

or  owner's  entry  of  merchandise 168 

to  deliver  outward  manifest 146 

when  may  ship  seaman 57 

Consul,  duty  as  to  sanitary  report 418 

of,  concerning  deceased  seaman's  ert'ects 77 

to  reclaim  deserters 74 

of,  toward  destit ute  seaman 76 

fees  of 206 

foreign,  to  withhold  register  tiutil  clearance  granted 150 

liability  of,  for  seaman's  wages 67 

must  certify  to  discharge  of  seaman  abroad 62 

not  to  be  interested  in  furnishing  clothing  or  transportation  to  seamen  207 

services  to  A'esscls 206 

shipment  of  seaman  by 60 

to  approve  list  of  immigrants 254 

cause  inspection  of  seaworthiness  in  foreign  port 94 

furnish  master  with  statement  of  services 150 

keep  list  of  discharged  seamen 206 

inspect  provisions  and  water 95 

report  wrecks  abroad 287 

retain  papers  of  American  vessels 206 

Consular  bills  of  health 246 

tonnage  charges 138 

Consulates  of  the  United  States 447 

Coni  agious  diseases,  introduction  of 247 

Contiguous  countries,  commerce  with 208 

Contract  alien  immigration 256 

coolie  labor 276 

Conveyance  of  vessel 36 

Convict,  foreign  immigrant,  to  be  deported 256 

immigration  prohibited 255,  261 

Coolie  trade 276 

Corporal  punishment  prohibited 82 

Corporation,  enrollment  and  license  to 44 

owner  of  vessels 15 

registers  to 35 

Cost  of  ocean  mails,  1899 282 

Cotton,  on  vessels 115. 117 

Country  of  origin  to  be  marked  on  merchandise 172 

Crew.     See  also  Seaman. 

Crew  accommodations 25 

on  Mississippi  River  steamboats 26 

failure  to  produce 62 

list 58.61 

form  of 62 

to  be  approved  by  collector 61 

may  demand  inspection  of  seaworthiness  or  supplies 93,  94 

space 25 

exemptions  from 26 

measurement  of 27 

Crimes ."79 

deemed  piracy '. 387 


472  INDEX. 

Page. 

Crimes  in  Alaska 235 

oil  the  Great  Lakes 385 

State  laws  relating  to 384 

Cruel  treatment  of  seaman 380 

Cruelty,  examination  into,  abroad 74 

seamen's  redress  against,  abroad 68 

Cruiser,  auxiliary 40,  280 

Currency,  liability  for 100 

shall  be  trans])orted 147 

Custody  and  surrender  of  register 34 

Customs  districts 439 

duties,  refund  of 200 

house  brokers,  taxes  on 398 

houses,  transfer  on  accoiint  of  diseases 252 

inspection  at  Canadian  and  Mexican  frontiers 210 

laws  directly  relating  to  vessels 152 

officers 405 

awards 157 

jurisdiction  of,  in  seizures 153 

officers  of  revenue  cutters  to  act  as 289 

Cutting  submarine  cables , 395 

D. 

Damage  1  ty  collision,  owner's  liability  for 100 

tire,  owner's  liability  for 100 

liability  for,  by  explosion,  tire,  or  collision 122 

to  harbor  works 349 

Damaging  vessel  or  cargo,  seaman's  penalty  for 81 

Dam  as  obstruction 347 

Dangers  of  the  sea,  liability  for 102 

Dangerous  articles  on  vessels 117 

Day,  definition  of 185 

Death,  must  be  entered  in  log  book 99 

of  passenger 130 

Debt,  limit  of  seaman's 74 

Deceased  seaman,  etiects  of 77 

Deck  house,  definition  of 24 

room  on  passenger  vessels 115 

tonnage 21 

Deduction,  for  crew  spaces 25 

donkey  engine 27 

propelling  power 27 

sails'  space -  -  -  27 

steering  gear,  capstan,   anchor  gear,  charts,  aud  boatswain's 

stores 26 

from  gross  tonnage 25 

Avages  to  be  accounted  for 67 

of  net  tonnage 26 

Defects  in  entry  of  merchandise 169 

Defenses  of  harbors 373 

Definition  of  breadth 22 

Chinese  laborer 266 

merchant 267 

day 185 

depth 22 

home  port  and  port 31 

length 21 

master 55,  163,  396 

merchandise 163 

net  tonnage 28 

night 185 

officers 50 

owner 55 

port 163 

register  tonnage 28 

registered  vessel 15 

sail  vessel 308,319,331,338 

seaman 55,  87 


INDEX.  473 

Pago. 

Defintion  of  short  blast 318 

sniuggliiifj 157 

steam  vessel lOf),  ;50S,  819,  WM,  338 

toimago 22 

deck _       21 

vessel 1;">.  •">•">>  3!(6 

visible  308,  31tl,  332 

Delivery,  immediate,  of  mercliaiidisi' 195 

of  cargo  ill  various  districts 167 

imported  merehaudise,  oaths  before 169 

permit  for 183 

penalty  of  master  for  proceeding  to  port  of,  before  entry 161 

port  of,  cargo  unladen  at 164 

ports  of 439 

vessel  hound  to  ]>ort  of 164 

Deportation  of  pi'ohibited  immigrants 260 

Depth,  definition  of 22 

vessels  %vith  water  ballast 25 

Deputy  collector  of  customs  w^ith  collector's  powers 408 

commissioner  of  navigation 404 

Derelicts -- 344 

Deserter,  cousul's  duty  to  reclaim 74 

substitute  must  be  provided  for 60 

Desertion,  application  of  forfeiture  of  wages 81 

from  seaworthy  vessel 94 

in  coasting  trade 65 

of  fisherman 65 

foreign  seaman  in  the  United  States 74 

seaman  abroad 74 

penalties  for 80 

Destitute  American  seamen 68 

seaman 76 

rates  of  transportation  for 76 

Destruction  of  vessel,  cancellation  of  register  on 38 

Detention  of  immigrants 259 

Detroit  River.     See  Great  Lakes. 

Diamonds,  liability  for 100 

Dike  as  obstruction 347 

Discharge  of  cargo  by  night 184 

by  day 185 

(inly  by  day  on  Great  Lakes 214 

under  quarantine  laws 251 

supervision  of 186 

time  allowed  for 188 

where  no  custom-house  on  Great  Lakes 215 

imported  merchandise,  returns  of 190 

distilled  spirits 189 

passengers  on  Great  Lakes 215 

seaman 56 

arbitration  of,  before  shippiug  commissioner 75 

by  master 67 

certificate  of  seaman's 67,  69,  87 

for  injury  or  illness  abroail 68 

from  unsea worthy  vessel 94 

in  foreign  trade 66 

in  foreign  ports 67,  68 

method  of 67 

Discipline  on  immigrant  ships 128 

Discriminating  duties 143 

on  American  vessels  or  jiroducts 137 

tonnage  taxes 136 

Discri  mi  nation 140 

against  products  of  the  United  States 142 

in  pilotage 133 

on  Canadian  canals 142 

Diseased  cattle,  import  of,  jirohibited 296 

persons,  immigration  of,  prohibited 261 

Diseases,  introduction  of  contagious  or  iufVctious 247 

Disinfection  o  f  vessel 249 


474  INDEX. 

Page. 

Disobedience,  penalty  for 80 

Distilled  spirits,  arrival  of  vessel  in  foreign  trade  with 164 

as  sea  stores 165 

domestic,  in  coasting  trade 222 

entry  of 170 

importation  of  adulterated 301 

into  Alaska 231 

in  another  great  district 220,  221 

great  district  trade 218,  21!) 

manifest  of 174 

unlading  of 189 

Distress,  aid  to  vessels  iu 344 

merchandise  may  be  reladen  on  vessel  iu 192 

of  weather,  unlading  on  account  of 184 

report  of  vessels  in 191 

signals 318,329 

unlading  vessel  iu 184 

District  court  commissioners 433 

enrollment  outside  of 45 

great  coasting 218 

Districts,  customs 439 

for  inspection  of  hulls  and  boilers 413 

Docks,  special  taxes  on,  in  Alaska 233 

Documents,  forms  of 163 

immaterial  errors  iu 163 

of  vessels 30 

on  Great  Lakes 16 

peualty  for  fraudulent 48,  49 

Domestic  commerce 218 

ports,  inspection  of  seaworthiness  at 93 

Domestics  not  regarded  as  alien  contract  immigrants 257 

Dominion  of  Canada.     See  Canada. 

Donations  for  marine  hospitals 87 

Donkey  engine,  deduction  for 27 

Draft  of  vessel 20 

in  war,  exemptions  from 51 

Drawback  on  merchandise  imported  for  export 167 

Drawbridges 352 

Drunkenness,  penalty  of  master  or  seaman  for 82 

Dubuque,  Iowa,  entry  of  imported  merchandise  at 178 

Dues,  tonnage 135 

Dumping  iu  New  York  harbor 357 

into  navigable  waters 349 

Duration  of  license  of  vessel 43 

master's  license 52 

ofHcer's  license 50 

Duties,  collection  of 183 

discriminating 143 

refund  of  customs . 200 

on  repairs  abroad  to  vessels  on  Great  Lakes 213 

Duty,  tonnage -  135 

Dye  woods,  manifested  "  for  orders  " 174 

time  for  unlading 188 

Dynamite  prohibited  on  immigrant  vessels 129 

E. 

Edgecomb,  Me.,  entry  of  vessels  belonging  to 179 

Effects,  forfeiture  for  desertion 81 

of  deceased  seamen 77 

sold,  statement  of  must  be  entered  in  log  book 99 

Electric  launch,  inspection  of 106 

Ellis  Island,  immigrant  privileges 264 

Enemies,  owner's  liability  for  acts  of  iiublic 102 

Engagement  of  seamen 56 

Engine  bells  to  be  audible  in  pilot  house 115 

Engines,  deductions  for 27 

Engineer,  duty  of,  in  river  navigation 342 

exempt  from  draft  iu  war 51 


INDEX.  475 

Engineer,  license  of ." 52 

loss  of  rating 53 

misconduct,  liability  for  damage  by 123 

must  answer  steamboat-inspection  inquiriee 121 

naturalization  of 51 

oath  of  licensed 53 

of  ferryboat,  caual  boat,  and  yacht 10(5 

of  steam  launches lOfi 

penalty  for  dumping  in  channel 350 

failure  to  obey  inland  collision  rules 319 

negligence,  incapacity,  intemperance,  etc 53 

qualifications  of 53 

renewal  of  license 122 

revocation  of  license 106 

Engravings,  liability  for 100 

Enrolled  and  licensed  vessel 16 

Enrolled  vessel,  iu  the  foreign  trade 118 

Enrollment  and  license  of  vessels  at  ports  of  delivery 46 

exchauge  for  register 40, 148 

inspection  of 46 

method  of 41 

form  of 41 

not  issued  until  steam  vessel  inspected 105 

of  steamboat  owned  by  alien 16 

of  vessels  on  the  Great  Lakes 16 

offenses  against 49 

outside  of  district 45 

penalty  for  fraudulent 48 

special  provisions  for 45 

to  corporations 44 

Ensign  of  Revenue-Cutter  Service 289 

Entry  of  vessel 145, 164 

at  port  whence  cleared 164 

at  port  where  owned 164 

in  foreign  trade  with  distilled  spirits 164 

from  one  district  to  another  on  Great  Lakes 214 

foreign  vessels  may  unlade  only  at  ports  of 164 

forms  of  oaths  on 173 

report  on 164 

master  shall  mail  special  manifest  on 165 

deliver  mails  before 283 

must  be  reported  within  twenty-four  hours 164 

not  permitted  until  vessel  has  undergone  quarantine  iusi>ection 249 

oath  of  owner  on 148 

penalty  of  master  for  proceeding  to  port  of  delivery  before 164 

preliminary,  of  vessel 183 

quarantine  laws  on 246 

register  to  be  deposited  on 149 

report  of  master  on 164 

to  another  great  district 221 

tugs  towing  on  Great  Lakes 215 

vessel  on  Great  Lakes 209 

vessels  exempt  from 169 

vessel  not  to  depart  until,  made 165 

when  not  required  in  coasting  trade 222 

within  a  great  district 219 

yachts 18 

of  merchandise 163 

at  special  ports 177 

by  consignee  or  owner 168 

tor  different  i)ort  of  destination 182 

from  vessel  in  distress 192 

imperfect 169 

in  bulk 165 

tax  on 401 

wines  and  distilled  spirits ]  70 

log  book 98 

method  of 99 

ports  of 11)4,  439 


470  INDEX. 

Page 

Entry  of  baggage,  wearing  apparel,  and  tools  of  trade 171 

of  tea 303 

special,  of  express  packages 202 

Epidemics.     See  Quarantine. 

Eciuipment  of  vessels,  when  exempt  from  duty 171 

Error^.  immaterial  in  docnmeuts 163 

Evansville,  Ind.,  entry  of  imported  merchandise  at 178 

Excessive  sea  stores  dutiable 170 

Excursion  vessel 120 

Executive  officers 403 

Exemptions  from  crew  spaces 26 

forfeiture 156 

tonnage  tax 135 

of  vessels  from  measurement 29 

Exhibit  of  officer's  license 51 

steamboat  laws 121 

Explosion,  liability  for  damage  by 122 

Explosive  cargo 117 

Explosives,  interstate  transportation  of 130 

lial.ility  for 101 

prohibited  on  immigrant  vessels 129 

Exportation  of  opium  to  China 306 

Export,  inspection  of  merchandise  for 166 

of  coal  during  war 373 

meat,  inspection  of 294 

transfer  of  inii)orts  for 167 

Express  companies,  immediate  transportation  by 197 

packages 202 

Extortion 409 

by  shipping  commissioner 57 

from  seaman 73 

Extra  wages,  upon  discharge  abroad 67 

F. 

Failure  to  produce  crew 62 

Feed  water 112 

Fees  for  certain  railroad  car  manifests 195 

copy  of  mortgage  or  bill  of  sale 37 

measurement 28 

of  appraisers  of  seized  property 154 

consuls 206 

seaman  as  witness 90 

on  license  and  enrollment 41 

paj  able  by  private  persons 435 

table  of,  to  be  exhibited 409 

upon  clearance 147 

Felony,  misprision  of 383 

Ferry  boat,  change  of  master 44 

engineer  and  pilot  of 106 

exempt  from  entry 169 

inspection  of  hull  and  boiler 106 

need  not  carry  certain  life-saving  appliances 113 

certain  transfer,  exempt  from  special  inward  manifest 165 

owned  by  foreign  railroad 225 

special  taxes  on,  in  Alaska 233 

Filibustering  expeditions 362 

Fine,  proceilure  in , 156 

See  (lUo  Penalty. 

Firearms,  importation  of,  into  Alaska 231 

Fire  buckets 116 

criminal  destruction  of  vessels  by 383 

extinguishers 116 

liability  for  damage  by 122 

owner's  liability  for  damage  by 100 

protection  against " 115 

provisions  against,  on  vessels 117 

safety  against 92 

Firm,  bond  of 199 


INDEX.  477 

Fishories,  license  for -42 

in  Alaska 233 

North  Atlantic 370 

penalty  of  vessels  unlawfully  engaged  in 22:1 

seal 23(j 

vessels  qualilied  for It3 

Fisliernian,  agreement  with 05 

desertion  of G.") 

discriminations  against  American 1 10 

neglect  of  duty  by Ol! 

Fishing  vessel,  agreement  of  seani-in  on T)!) 

discriminations  against  American 14ft 

duty  of,  near  cable  vessel 396 

exempt  from  law  concerning  crew  spaces 26 

tonnage  tax 136 

libel  of 66 

with  foreign  merchandise 148 

Fish,  when  entry  of  foreign  jtroiiibited 141 

Five  tons,  documents  of  vessels  over 17 

Flatboat,  exempt  from  documents 17 

Floats 02 

Flogging  prohibited ^2 

Florida,  export  of  live  oak  timber  from 147 

subports  in 446 

waters,  wrecks  in 288 

Fog,  sound  signals  in 314.  31^3,  334,  340 

Food  products,  importation  of  adulterated 301 

scale  of,  for  seaman 86 

See  Provisions. 

Forecasts  of  weather 345 

Forecastle,  inspection  of  packages  in 153 

Forgery  of  marine  documents 385 

Foreign-built  vessel,  inspection  of 108 

Foreign  countries,  transportation  in  bond  through 1!)3 

government  vessel,  exempt  from  entry 160 

laws,  concerning  measurement 28 

ports,  desertion  of  seaman  in 74 

destitute  seaman  in 68 

discharge  of  seaman  in 67 

on  complaint  in 68 

inspection  of  seaworthiness  in 94 

juristliction  over  American  seaman  in 88 

quarantine  regulations  at 248 

registered  vessels  in  coasting  trade  touching  at  .   216 

return  of  destitute  seaman  from 76 

sale  of  vessels  in 68 

seaman  may  be  returned  from,  as  witness 90 

shipment  of  seaman  in 60 

trade  with,  may  be  prohibited  in  the  interests  of  iiublic  health.  249 

seaman,  desertion  of  in  Uu  ited  States 74 

jurisdiction  over,  in  American  ])()rts 88 

may  be  admitted  to  marine  hospitals 88 

steam  vessel,  inspection  of 105 

trade,  agreement  of  seaman  in 58 

diseliarge  in,  of  seaman 66 

(!nrolled  or  licensed  vessels  in 1 1>< 

payment  of  sean\an  in TO 

tugboat  in  towing 225 

vessel,  allotment  on 73 

as  ))rize  may  be  registere-tl !•"> 

certain,  may  be  registered H> 

forfeited  may  be  registered 15 

Ibrfeiture  of,  for  discrimination IK' 

in  trade  with  Alaska 212 

ma&ter  of,  to  deliver  manifest  on  coasting  voyage 225 

may  carry  certain  imported  merchandise  between  Anu*rican 

ports 224 

may  unlade  only  at  port  of  entry 164 

measurement  of 29 


47<S  INDEX. 

Page. 

Foreign  vessel,  not  assimilated  by  treaty 143 

not  to  bo  used  in  violation  of  coasting  laws  on  Great  Laki^s..  208 

not  to  receive  register  until  clearance  granted 149 

on  coasting  voyage 224 

penal  taxes  on 138 

permit  to  proceed  inland  on  frontier 212 

seaman  of,  may  be  admitted  to  marine  hospital 88 

shall  not  engage  in  coasting  trade 224 

to  deposit  register  on  entry 149 

to  enter  only  in  district  where  shall  unlade 164 

transportation  of  mails  by 285 

transfer  of  cargo  from,  on  northern  frontier 212 

wrecked,  may  be  registered 16 

war  vessels,  special  privileges  for 371 

yacht,  privileges  of 18 

Forfeiture,  change  or  false  name  of  vessel 19 

clothing,  efl'ects  and  wages 81 

exemptions  from 156 

foreign  vessels  sold  under,  may  be  registered 15 

for  failure  to  report  sale  to  alien 37 

false  oath  of  attorney  or  agent  on  registry 33 

owner  on  registry 31 

limitation  of  time  for,  under  revenue  laws 161 

of  enrolled  or  licensed  vessel  in  foreign  trade 148 

fishing  vessel  with  merchandise 148 

foreign  vessel  for  discrimination 140 

register  for  failure  to  report  change  of  master 36 

vessel  for  fraudulent  documents 48 

yachts 18 

procedure  in 156 

registry  of  vessel  under 31 

remission  of 155 

See  also,  Penalty. 

Form  of  articles  of  agreement 83 

clearance 146 

crew  list 62 

documents 163 

enrollment 41 

inward  manifest 174 

license 42 

oaths  on  entry 173 

outward  manliest 146 

record  of  American-built  vessels  owned  by  aliens 47 

register 33,  34 

report  on  entry 164 

Fourth  of  July,  cargo  not  to  be  discharged  on 186 

Fraud  on  immigrant 256 

Fraudulent  documents,  penalty  for 48,  49 

importation  of  merchandise 201 

Free  list,  articles  for  vessels 204 

Fr<'ight  boat,  inspection  of 106 

need  not  carry  certain  life-saving  appliances 113 

Freight.     See  Merchandise. 

Freight,  liens  for 203 

Frontier,  inspection  of  seals  at 210 

ports  exempt  from  bills  of  health 247 

P'ur-seal  fisheries 236 

G. 

Galena.  111.,  entry  of  imported  merchandise  at 178 

Gangway  on  passenger  vessels 115 

Gas  launch,  inspection  of 106 

Gauging  imported  merchandise 188 

General  average 101 

liens  on  merchandise  for 203 

libel  bond 103 

ocean  mail  service 282 

pilot  laws 133 

superintendent  of  the  life-saving  service 419 


INDEX.  17. J 

I'llgO. 

Glass,  liability  for , 100 

Gold,  standard  ("or  American  scaniiin's  \v;i<res  altroad 72 

Goods.     See  Merchandise. 

Great  coasting  districts L'18 

district,  another,  entry  to 2L'l 

clearance  within 218 

entry  and  clearance  for 220 

within 219 

trade  with  Alaska 231 

Great  Lakes.     .See  also  Northern  and  Northwestern  frontiers. 

canal  from,  to  Atlantic 373 

certain  vessels  exenijjt  from  tonnage  taxes  ...    169 

collectors  of  enstoms  on 411 

crimes  on 385 

discharge  of  |>as8enger8"  and  baggage  <m ,. 215 

or  lading  of  merchandise  at  intermediate  ])ort8  on. ..  214 

documents  of  vessels  for 16 

duties  on  repaiis  abroad  to  vessels  on 213 

entry  of  vessel  on 209 

from  one  district  to  another  on  214 

evasion  of  coasting  laws  on 208 

fees  payable  on 437 

inward  manifest  on 209 

regulation  concerning  imports  on 209 

for  tugs  towing  on 215 

rules  to  prevent  collisions  on 331 

saloon  stores  of  vessel  on 213 

sea  stores  of  vessels  on 212 

shipment  of  seaman  on 63 

special  procedure  for  remission  of  penalties  on 292 

trade  oii 208 

transfer  of  cargo  from  foreign  vessel  on 212 

vessel,  agreement  of  seaman  on 59 

wrecks  on 287 

Greenport,  N.  Y.,  issue  of  documents  at 46 

merchandise  destined  for 180 

Gross  tonnage,  deductions  from 25 

how  ascertained 22 

spaces  not  to  be  added  to 24 

Guam,  trade  with 229 

Guano  Islands 366 

Gulf  of  Mexico,  rules  to  prevent  collisions  of  vessels  on  rivers  emptying  into..  337 

stream,  survey  of 432 

Gunpowder,  explosives,  liability  for 101 

on  vessels 117 

prohibited  on  immigrant  vessels 129 

H. 

Harbor  defenses 373 

lines,  in  cases  of  collision 329 

to  be  established  by  Chief  of  Engineers 348 

works,  damage  to 349 

Harter  act 102 

Hatchways,  on  immigrant  ships 126 

Havana,  mail  agency  at 285 

Hawaii,  trade  with 227 

Hay  on  vessels 115, 117 

Head  money  on  xjassengers 253 

Health,  bills  of '. 246 

importation  of  articles  dangerous  to 301 

on  immigrant  vessels 128,  129 

Hemp  on  vessels 115,  117 

Hides,  importation  of 299 

manifested  ''for  orders" 174 

time  for  unlading 188 

High-pressure  boiler,  inspection  of 10!( 

seas,  expiration  of  1  ieense  on 226 

navy  officer  to  have  consul's  power  on 207 

offenses  on 379 


480  INDEX. 

Page. 

High  seas,  procedure  in  cases  of  seizure  on 375 

Hogs,  inspection  of,  for  export - 294 

Home  port,  definition  of 19, 31 

of  vessel  to  be  mai  ked 19 

Horses  and  horse  meat,  export  of 293 

on  immigrant  vessels 129 

Hose 92 

Hospital  for  seamen 87 

House,  deck 24 

Houston,  Tex.,  entry  of  imported  merchandise  at 177 

Hull,  inspection  of  ferryboat,  canal  boat,  yacht 106 

districts  for  inspection  of 413 

Hydrographic  Office 345 

Hydrostatic  tests 109 

Hypothecation  of  vessel 36 


Ice,  obstruction  to  discharge  of  cargo  by 192 

Idiot,  immigration  prohibited 255,261 

Illegal  shii^ment  of  seaman 57 

Illness  of  seaman  entered  in  log  book 98 

Immediate  delivery  of  merchandise 195 

exportation  of  imported  merchandise 224 

transportation 196 

limitation  of  articles  for 198 

Immigrant,  defective  list  of 254 

deportation  of,  prohibited 260 

detention  of 259 

examination  of,  by  inspectors 255 

fraud  on 256 

illegal  lauding  of 260 

passenger  act  of  1882 124 

passengers,  privacy  of 128 

ships 124 

boarding  of 130 

discipline  and  lieallh  on   128 

explosives  prohibited  on 129 

hatchways  and  closets  on 126 

inspection  of —  131 

measurement  of 131 

medical  attendance  on 127 

penalty  for  violating  law  concerning 131 

pro\  isions  on 127 

ventilation  on 126 

to  be  returned  when  not  properly  listed 255 

<S(e  aZso  Alien  immigrant;  Convict;  Contract. 

Immigration  bureau , 419 

by  way  of  Canada,  British  Columbia,  and  Mexico 260 

Chinese 26.^ 

laws  concerning 253 

to  be  posted  on  vessels 263 

jurisdiction  in 264 

not  to  be  promoted  by  foreign  advertising,  except  by  States 258 

prohibited 261 

State  tax  on 277 

Importation,  fraudulent,  of  merchandise 201 

of  adulterated  products 301 

cigars 173 

hides 299 

neat  cattle 299 


opium 


306 


Imports,  maybe  made  in  vessels  of  any  size  on  Northern  and  Northwestern 

boundaries ?08 

may  be  made  on  rafts  on  Northern  and  Northwestern  boundaries 208 

by  sea  not  permitted  in  vessels  under  30  tons 208 

transfer  of,  for  exjjort 167 

See  Merchandise. 


INDEX.  481 

Incapacity  of  engineer 53 

mate 52 

pilot 53 

jteiialty  lor  master's 52 

Incompetency,  investijjation  or  otticcr's 122 

Indenture  of  apprenticeslii]) 58 

Indexes 451 

lullammablo  cargo 117 

Informer,  share  in  penalties 292 

Injury  to  submarine  cables 395 

Inland  district,  vessel  may  depart  for 165 

rules  of  18!I7  to  i)re\  eiit  collisiinis 319 

to  prevent  collisions,  limit  of  :ipi)licalioii  of 329 

Insane  persons,  immigration  of,  proliihited 261 

seamen 88 

Inspection,  certificate  of  steamboat 120 

laws  of  States 117 

of  alien  immigrants : 259 

boilers  and  machinery 108 

cattle '. 293 

distilled  spirits 189 

enrollment  and  license 46 

export  ])ork  and  bacon 296 

.  foreign  steam  vessels 105 

horses  and  horse  mea t 293 

hulls 92 

immigrant  ships 131 

immigrants 255 

.1 1  >road 254 

imported  cattle 298 

inward  manifest  by  boarding  officer 175 

meat  for  export 294 

merchandise  for  reexport 166 

registered  foreign-built  vessels 108 

seaworthiness  in  foreign  ports 94 

steam  vessels 105 

tugboat,  towing  boat,  gas,  naphtha,  and  electric  launches 106 

vessels  for  mails 283 

preliminary  to  inspection  or  enrollment 105 

quarantine 249 

Inspector  to  be  placed  on  board  vessel 176 

supervise  discharge  of  cargo 186 

supervising  discharge  of  cargo  entitled  to  provisions  and  accommo- 
dations or  50  cents  a  day 187 

Instruction  in  shipbuilding 370 

Insurance  policy,  tax  on  marine 401 

Intemperance  of  engineer 53 

mate 52 

pilot 53 

penalty  for  master's 52 

Intermediate  port  on  Great  Lakes,  discharge  or  lading  of  merchandise,  etc 214 

vessels  touching  at,  on  5sorthern,  Northeastern,  and  North- 
western frontiers 169 

International  Marine  Conference,  convocation  of  American  delegates  to 318 

Navigation  Company,  m<ail  service  by 280 

rules  of  1897  for  preventing  collisions 307 

to  i)reveut  collisions,  limit  of  application  of 329 

Interstate  cattle  trade 295 

transportation  of  exjtlosives 130 

Investigation  of  shiji wrecks 122 

Invoice,  fee  for  certifying  to,  in  British  North  America 207 

to  be  produced  on  entry  of  merchandise 168 

Inward  manifest 173 

for  Treisury  Department 165 

form  of 174 

in8])ection  of,  by  boarding  officer 175 

mercliandise  to  be  comjiared  with 182 

]iost  entry  on 190 

Irondequoit  Hay,  New  York,  ])iIots  and  engineers  on 106 

NAV  99,  1>T  2 31 


482  INDEX. 

J. 

Page. 

J  ii]  )ane8e  coolies 276 

prostitutes   ,. 277 

Jefferson ville,  lud.,  ontry  of  imported  merchandise  at 178 

importation  of  merchandise  at 180 

Jersey  City,  enrollment  and  license  of  vessels  at 45 

Jetty  as  obstruction 347 

Jewelry,  liability  for 100 

•  lurisdiction  of  customs  otticers  iu  seizures 153 

over  American  seamen  in  foreign  ports  and  foreign  seamen  in 

American  ports 88 

Jute  butts,  manifested  '-for  orders" 174 

time  for  unlading 188 

K 

Kansas  City,  Mo.,  entry  of  imported  merchandise  at 178 

Keepers  of  life-saving  stations 420 

Keokuk,  Iowa,  entry  of  imported  merchandise  at 178 

Kidnapping 393 

Kittery,  Me.,  entry  of  vessels  belonging  to 179 

L. 

Laborer,  definition  of  Chinese 266 

Lace,  liability  for 100 

Lading,  permit  for,  of  export 166 

.See  also  Bill  of;  Merchandise. 

Lake  Champlain,  importation  of  merchandise  on ■  216 

special  clearance  of  vessel  for 182 

See  also  direat  Lakes. 

Lake  Michigan,  anchorage  grounds  near  Chicago 361 

coasting  trade  of 215 

Landing  of  cargo.     See  Delivery;  Merchandise. 

Larceny ^'^^ 

Launch,  pilot  and  engineer  of 10^ 

Laws,  table  of,  included  in  this  compilation 451 

Leaky  vessel,  inspection  of 93,  94 

Leavenworth,  Kans.,  entry  of  imported  merchandise  at 178 

Lecturer  not  regarded  as  alien  contract  immigrant 257 

Legal  procedure,  general  rules  for 375 

Lemon  juice ^^ 

Length,  definition  of - 21 

Liability  lor  damage  by  explosion,  damage,  or  collision 122 

explosives,  gunpowder,  lime,  etc 101 

of  charterer 101 

owners,  masters,  and  shippers - 100 

vessel  for  nonpayment  of  wages 71 

Libel,  certaiii  vessels  exempt  from 72 

costs  in 376 

general  bond  for 103 

of  fishing  vessel -  66 

vessel  for  violation  of  revenue  laws 157 

procedure  in  cases  of 375 

License  as  offlcer ,  definition  of 50 

duration  of ^3 

master's. 52 

officer's 50 

exhibit  of  officer's 51 

expiration  of  vessel's,  at  sea 226 

form  of  vessel's 42 

inspection  of  vessel's 46 

laws  of  vessel's 43 

method  of  vessel's 41 

not  issued  until  steam  vessel  inspected 105 

u  umber  of  vessel's 43 

of  engineer 52 

offenses  against 49 

of  officer 51 

master 5- 


INDEX.  483 

x'aK». 

License  of  mate 52 

naturalized  engineer  or  pilot 51 

l)ilot 53 

stianiUiiat  owned  by  alien 16 

vessels  at  i)oit3  of  delivery 46 

vessel,  cbanj^e  of  master 44 

penalty  for  fiandulent 48 

revoeatiou  of  master's,  en^intser's,  or  pilot's 1()6 

special  provisions  for  vessel's 45 

surrender  of  vessel's A'.i 

to  corporations 44 

Licensed  ofKcer,  oath  of 53 

pension  of 51 

qnalihcations  of 50 

Licensed  A^essel,  in  coastinj;'  trade 222 

in  the  foreign  trade 148 

on  the  (i reat  Lakes 16 

penalty  for  sale  to  alien 226 

under  20  tons 17 

Licensed  and  enrolled  vessel 16 

Licensed  yacht 17 

Lien  by  bottomry 36 

for  freight  or  general  average 203 

passenger  bead  tax 253 

of  seaman  for  wages  nonforfeitable 68 

upon  vessel  f  r  wages ()8 

Life  boats 92,  113 

lines 113 

preservers 92,113,114.  120 

provisions  for  safety  on  vessels 92 

Life-saving  apparatus,  must  be  approved  by  supervising  inspeetors 107 

medals :)68 

Service 419 

may  be  admitted  to  marine  hospital 88 

Light  dues,  foreign 135 

Light-House  Board 427 

districts 4  29 

Light  money 138 

ships 344 

Lighter  exemjit  from  documents 17 

liability  of 102 

Lights  on  vessels 308-319,  332-338 

Lime  juice *     97 

Lime,  liability  for 101 

Limitation  of  time  for  forfeiture  under  revenue  laws 161 

Lines  separating  international  and  inland  rules  to  prevent  collisions 329 

Liquors.     -sVe  Distilled  spirits. 

Lists  of  alien  immigrants 253 

crew 5(S,  61 

merchant  vessels 403 

passengers.     See  Passenger  list. 

Live-oak  timber 147 

Live  stock,  disposal  of  seized 155 

on  immigrant  vessels 129 

(luarantineof 297 

trade 'J93 

Loading  safety  valves,  penalty  for 112 

Lodgers,  soliciting 75 

Log  book 98 

entry  of  oflenses  in 81 

method  of  entry  in 99 

Logs  in  channels 350 

Long  Island,  New  York,  coasting  trade  to  Khode  Island 223 

Loss  of  register ! 3S 

vessel,  cancellation  of  register  on '. 38 

to  be  reported 286 

Louisiana,  export  of  live-oak  timber  from 147 

Louisville,  Ky.,  entry  of  imported  merchandise  at 17s 

Lunatic  immigration  prohibited 255 


484  INDEX. 

M 

Page. 

Macliint'ry,  deductions  for 27 

for  repair  exempt  from  duty 205 

inspection  of 108 

Mackerel  lisheries,  vessel  licensed  for,  may  engage  in  ot iier  fisheries 226 

license  for 42 

Madison,  Ind.,  entry  of  imported  nnTchandise  at 17^ 

Mail  agencies  abroad 285 

Mails,  general  contracts  for 284 

inspection  of  vessels  for 283 

ocean 279 

to  be  delivered  before  entry  of  vessel 283 

by  master 282 

Manning  in  foreign  ports 94 

of  steam  passenger  vessels 108 

owner's  liability  for 102 

Manifest,  blank  forms  on  Great  Lakes 411 

coasting,  within  a  great  district 218,  219 

another  great  district 220,  221 

copy  of,  when  vessel  proceeds  to  another  district 167 

examination  of,  by  Kevenue-Cutter  Service 289 

failure  to  produce 174 

ferryboats  exempt  from 169 

in  foreign  trade  on  Great  Lakes 214 

inspection  of  inward,  by  boarding  officer 175 

inward 173 

loss  of  or  error  iii 175 

on  Great  Lakes 209 

of  bonded  merchandise  for  different  port  of  destination 182 

certain  railroad  cars  exempt  from  fees 195 

foreign  vessel  on  coasting  voyage 225 

immigrants 253 

passengers 174 

passengers.     See  Passenger  list. 

registered  vessels  in  coasting  trade  touching  at  foreign  ports 216 

sugar,  coal,  salt,  hides,  d.\  e  woods,  wool  or  jute  butts 174 

provisions  for  in  coasting  trade 222 

returns  of  merchandise  discharged  to  be  compared  with 191 

outward 145 

special  inward  for  Treasury  Department 165 

tax  on 400,401 

to  be  exhibited  to  boarding  officers 152 

specify  sea  stores 170 

Manslaughter 379 

Manuals  of  navigation 345 

Maps 345 

Marine  documents,  decisions  regarding 403 

forgery  of 385 

hospital,  sale  of 418 

service 87,  417 

to  inspect  provisions 93 

to  be  sustained  from  tonnage  tax 135 

insurance  policy,  tax  on 401 

protest,  tax  on 402 

Maritime  canals 372 

Marking  of  crew  spaces 12 

official  number 18 

of  net  tonnage 28 

Marks  of  foreign  merchandise 172 

Marooning 383 

Marten  trade 242 

Marriage,  must  be  entered  in  log  book 99 

Master,  accommodations  for 26 

application  to  deliver  mails 282 

carrying  explosives,  cattle,  etc.,  on  immigrant  vessels 129 

change  of 36,44 

definition  of 55,163,396 

duty  of,  concerning  deceased  seaman's  effects 77 

entering  within  a  great  district 219 


INDEX.  485 

Master,  duty  of,  in  river  navifjatlon 342 

siiipinent  of  stainaii 58 

trade  on  (ireat  Lalvcs 211 

with  cargo  for  recxjjort lt>() 

exempt  from  draft  in  war 51 

failure  to  carry  niedieiue  chest 98 

deliver  manifest  of  immigrants 255 

exhibit  steamboat  laws 121 

give  evidence  in  seaman's  case 75 

Keep  number  of  passengers 120 

night  Avatehman IIU 

make  entries  in  log  book 99 

obey  passenger  aet  of  1882 125 

protect  against  eold  weather 98 

provide  closets  and  ventilation 12t) 

medical  attendance  on  immigrant  ships 127 

provisions  on  immigrant  ships 127 

sutlicient  piovisions  and  water  for  seaman 95 

report  arrival 164 

in  coasting  trade  at  port  oilier  linn  that  of 

destination 224 

repairs  abroad  to  vessel  on  (Jreat  Lakes 213 

sign  seaman's  certificate  of  discharge 67 

guilty  of  manslaughter 380 

seduction 381 

liability  of,  for  damage 100, 123 

missing  or  broken  packages 153 

for  wages 70 

license  of 52 

may  act  as  pilot  1 53 

select  shipping  commissioner  as  arbitrator 75 

oath  of 162 

citizenship ^ 31 

on  entry  and  clearance 145, 173 

of,  on  license  of  vessel 41 

licensed 53 

in  regard  to  mails 282 

of  foreign  vessel,  failure  to  comply  with  laws  in  coasting  voyage 225 

to  deliver  manifest  on  coasting  voyage 225 

deposit  register 149 

tugboat,   towing   boat,  freight  boat,  gas,  naphtha,  and    electric 

launches 106 

vessel  in  sealing  trade 236 

yacht,  penalty  on 18 

penalty  for  proceeding  to  port  of  delivery  before  entry 1(54 

refusing  to  accommodate  inspector 187 

cause  survey 93 

hear  complaint  of  provisions 96 

survey  of  unsea worthy  vessel 95 

to  transport  destitute  seaman 76 

shipping  seamen  abroad  illegally 61 

transporting  alien  contract  immigrant 257 

unlading  merchandise  by  night  *- 185 

without  customs  permission 184 

breaking  seals 187,  211 

clearing  without  manifest 115 

in  violation  of  passenger  act  of  18S2 132 

dispatching  unseaworthy  vessel 92 

drunkenness  of 8-' 

dumping  in  channel 350 

employing  cori)oral  punishment 82 

excess  of  passengers 119 

false  oath  on  registry 31 

statement  of  destination 176 

weight  and  measurement  of  provisions 97 

illegal  account  of  wages 67 

insnflicient  water  and  jnovisions 95 

illegal  shipment  of  seaman 60 

maltreating  seaman 380 


486  INDEX. 

Page. 

Master,  penalty  for  misconduct,  intemperance,  etc 52 

nenlecting  duty  concerniug  deceased  seaman's  effects 77 

nonpayment  of  wages  by 70 

violating  apprenticeshii^  law 58 

great  district  law 219-220 

New  York  i '.  arbor  laws 357 

law  concerning  berths 125 

law  concerning  transportation  of  bonded  mer- 
chandise    182 

New  York  and  Chicago  anchorage  laws 361 

laws  on  Great  Lakes 215 

when  merchandise  does  not  agree  with  manifest 175 

for  violating  Chinese  immigration  laws 270 

failure  to  comply  with  in8pecti(m  requirements 107 

laws  when  proceeding  from  district 

to  district  with  imported  cargo . .  168 

deliver  manifest  in  foreign  trade  on  Great  Lakes .  209 

temporary  register 38 

discharge  seaman  or  pay  wages  legally   67 

exhibit  manifest  in  coasting  trade 222 

enrollment  or  license 46 

list  passenger's  death 130 

make  agreement  in  coasting  trade 64 

obey  inland  ccdlisiou  rules 319 

produce  crew  documents 63 

manifest 176 

report  sale 35 

return  seaman 62 

surrender  officer  for  use  of  corporal  punishment .  83 

register  or  enrollment  or  license 40,  43 

procedure  against,  for  violation  revenue  laws 157 

qualitications  of - 52 

removal  of 54 

renewal  of  license 122 

report  of,  on  en  try 164 

revocation  of  license 106 

subject  to  jurisdiction  of  navy  officer  in  certain  cases 207 

summary  trial  of 377 

to  pay  alien  head  tax 253 

post  shipping  articles 59 

present  duplicate  mauifests  on  Great  Lakes 214 

produce  bill  of  health 248 

crew  list  and  crew  on  return 62 

manifests  to  boarding  officer 175 

receive  statement  of  wages 69 

require  statement  of  consular  service 150 

report  arrival  before  departure 165 

of  vessel  in  district  other  than  that  of  entry 167 

with  distilled  spirits 164 

in  coasting  trade  at  port  other  than  destination 224 

report  death  of  passenger - 131 

marine  accident  or  disaster 286 

sale  of  vessel 35 

sea  stores 170 

secure  discipline  and  cleanliness  on  immigrant  sLiips 128 

ship  seaman  before  consul  al)road 60 

substitute  for  lost  seaman 60 

sign  inward  manifests 173 

list  of  immigrants 254 

release  of  wages 69 

stay  by  in  case  of  collision 307 

transport  destitute  seaman 76 

answer  steamboat  inspection  inquiries 121 

apply  for  inspection  of  hull 92 

assist  boarding  officers 152 

be  American  citizen 15 

be  licensed  for  wrecking  purposes  in  Florida 288 

deliver  manifest  in  foreign  trade  on  Great  Lakes 209 

outward  manifest 145 


INDEX.  487 

Master  to  del  i  vor  passenger  list 130 

seaman  account  of  wages 67 

deposit  and  rcreivo,  rcj^ister 149 

papers  with  consul 151 

indorse  agreement  w  i  th  lisluTuien 65 

exhibit  manifest  in  coasting  trade 223 

tile  crew  list  with  collector HI 

first  sign  shi])i)ing  articles 58 

furnish  hill  of  lading 103 

give  bond  when  jiroceeding  from  ilistrict  to  district 1(57 

keep  Aveights  and  measures i^ 

make  oatli  of  port  to  wliich  honnd 146 

mail  special  manifest  on  entry 165 

make  protest  of  vessel  in  distress 191 

when  may  ship  seaman 57 

Matches,  liability  for 101 

on  vessels 117 

Mate,  ext-jupt  from  draft  in  war 51 

failure  to  give  evidenct^  in  seaman's  case 75 

keep  night  watchman 116 

license  of 52 

may  act  as  pilot 53 

must  answer  steamboat  inspection  inquiries iL'l 

may  demand  inspection  of  seaworthiness  or  supplies !*3,  i*4 

misconduct,  liability  for  damage  by 123 

oath  of  licensed 53 

of  tugboat,  freight  boat,  gas,  naphtha  and  electric  launches 106 

penalty  for  failure  to  obey  inland  collision  rules 319 

illegal  shipment  of  seaman 60 

misconduct,  intemperance,  incapacity,  etc 52 

qualifications  of 52 

renewal  of  license 122 

revocation  of  license 106 

Materials  for  repairs  exempt  from  duty 205 

shipbuilding  exempt  from  duty 204 

Mayhem 381 

Measurement 21,  403 

according  to  foreign  laws 28 

appendix  of 28 

certificate  of 21 

exemptions  from,  in  certain  cases 22 

fees  lor 28 

method  ol 22 

of  American-built  vessels  owned  by  aliens 47 

between  decks 24 

deck  houses 24 

foreign  vessels 29 

immigrant  ships 131 

open  vessels 25 

spaces  for  water  ballast 25 

to  be  taken  in  feet  and  decimals 22 

vessels  exempt  from 29 

when  not  necessary  anew 17 

Measures,  accurate,  shall  be  carried 97 

Measuring  imported  merchandise 188 

Meat,  inspection  of,  for  exi)ort 294 

trade  between  States 205 

Medals,  life-saving 'AGS 

Medical  attendance  on  immigrant  ships 127 

Medicine  chest 97 

Mediterranean  passport 19,  Mil,  150 

Memphis,  Tenn.,  entry  of  imported  merchandise  at  178 

Merchandise,  i)ond  of,  for  reexport lt)6 

bulk Ifi5 

carriage  of IHI 

certain,  exenijit  from  forfeiture 226 

compared  with  manifest 182 

definition  of 163 

delivery  in  several  districts 167 


488  INDEX. 

Merchandise,  discharge. of,  at  ports  on  Great  Lakes  where  no  custom-house 215 

under  ([uaranti  iie  laws 251 

1) y  d ay 185 

discriminating  duties  on 143 

disinfection  of 248 

dis])osition  of  seized 156 

domestic,  in  coasting  trade 222 

entry  of 163 

at  special  ])orts 177 

for  different  port  of  destination 182 

to  be  entered  only  at  port  of  entry 164 

forfeiture  of,  when  does  not  agree  with  manifest 175 

for  ini])ortation  in  certain  vessels 143 

fraudulent  importation  of 201 

immediate  delivery  of 195 

imperfect  entry  of 169 

imported  in  great  district  trade 218,  219 

in  another  great  district  trade ,  220,  2Jl 

for  immediate  exportation 224 

importation  of,  on  Lake  Champlain 216 

at  Canadian  an<l  Mexican  frontiers 210 

prohibited  in  vessels  not  of  United  states  or  in 

treaty 143 

inspection  of,  for  reexport 166 

to  be  Immediately  transported  within  10  days 198 

laws  concerning,  applicable  to  Alaska 231 

lauded  only  at  ports : 208 

liability  of  owners,  masters,  and  shippers  for 100 

liens  on,  for  freight  or  general  average 203 

manifests  of  imported,  on  Great  Lakes 214 

may  be  imported  on  rafts  on  northern  and  northwestern  bound- 
aries    208 

method  of  forfeiture 226 

northern  and  northwestern  boundaries  may  be  imported  in  ves- 
sel of  any  size 208 

not  to  be  carried  in  coasting  trade  by  foreign  vessel 224 

imported  in  vessels  under  30  tons 208 

stowed  about  boilers  or  machinery 115 

transported  coastwise  via  foreign  port  on  Great  Lakes.  208 

unladen  witht)ut  customs  permission 184 

penalty  for  breaking  seals  to  deliver,  on  frontiers 211 

importing,  in  violation  of  coasting  laws  on  Great 

Lakes 209 

when  not  on  manliest 174 

does  not  agree  with  manifest 174 

for  transferring  illegally  to  another  vessel 184 

permit  to  discharge  by  night  on  Great  Lakes 215 

ports  at  which,  may  be  imported  for  transit  in  bond  to  Mexico..  446 
entered  for  transportation  to  other  ports 

without  appraisement 445 

post  entry  of  imported 190 

procedure  in  cases  of  seizure 375 

regulation  concerning  importation  of,  on  Great  Lakes 209 

reladen  on  vessel,  in  distress 192 

release  of  certain,  seized 155 

remission  of  penalties  on 291 

returns  of  imported  discharged 190 

salvage  of 199 

seizure  of 153 

in  Alaska 235 

small  quantities  in  coasting  trade 222 

Spanish,  in  trade  with  Philippines 230 

sunken,  exempt  from  duty 205 

supervision  of  unlading  of 186 

tax  on  entry  and  clearance  of 401 

time  within  which  must  be  unladen 188 

transfer  for  export 167 

of,  on  northern  frontier 212 

transit  in  bond  through  Alaska 234 


INDEX.  489 

I'aeo. 

Merchandise,  traiisportatiou  of  importtMl,  coastwise 210 

(if,  in  bond VXl 

to  special  ports 194 

nuladen  on  account  of  accident  or  stress  of  weather 184 

from  vessel  in  distress 192 

unlawful  removal  of  bonded 193 

weipjhiu^,  gaui^iiiji,  and  measuring  imported 188 

Merchant,  definition  of  Chinese 267 

Merchant  seaman.     See  .Seaman. 

Meridians :{4<j 

Metallic  lifeboats 113 

Meteorological  information 346 

Method  of  enrollment  and  license 41 

immediate  transportation  I!i6 

seizure ir>3 

Mexico,  allotment  of  wages  ])rohibited  to 73 

certain  ports  exempt  from  bills  of  health 247 

immigrant  ships  from,  exempt  from  act  of  1882 124 

immigration  from  borders  of 2t)0 

inspection  at  frontiers  of 209 

ports  irom  which  mercbandiso  may  be  transported  in  bond  for 416 

rules  to  prevent  collisions  on  rivers  emptying  into  Gulf  of 337 

shipment  of  seaman  to 57,63 

special  importation  of  merchandise  to 194 

trade  with 208 

transportation  of  1  )onded  merchandise  through 195 

Milk  on  immigrant  ships 127 

Mines,  submarine 373 

Minister,  not  regarded  as  alien  contract  immigrant 257 

Mink  trade 242 

Misprision  of  felony 383 

Misconduct,  investigation  of  officer's 122 

liability  for  damage  by  officer's 123 

of  mate 52 

penalty  for  master's 52 

Mississippi,  boiler  shells  on Ill 

export  of  live  oak  timber  from 147. 

River  boats 26 

coasting  trade  on 222 

boiler  inspections  on 109 

lights  and  beacons  on 429 

and  tributaries,  rules  to  prevent  collisions  on 337 

Missouri  River,  lights  and  beacons  on 429 

rules  to  prevent  collisions  on 337 

See  also  Mississippi  River. 

Moieties,  informer's  awards l.o7 

Money,  liability  for 100 

Mortgage  of  vessel 36 

tax  on 401 

Most  favored  nation  clause 136 

Municipal  quarantine  regulations 247 

Murder 379,388 

Mutiny 382 

N. 

Name  of  vessel 19,  404 

change  of 19 

not  changed  with  change  of  build 36 

of  yachts 18 

unchanged  on  issue  of  new  documents 43 

Naphtha  launch,  inspection  of 106 

on  vessels 117 

Nashville,  Tenn . ,  entry  of  imported  merchandise  at 178 

Natchez,  Miss.,  entry  of  imported  merchandise  at 178 

vessels  from  foreign  ports  bound  for 179 

Naturalization  of  engineer  or  pilot 51 

seaman 55 

Nautical  almanac 345 


490  INDEX. 

Page. 

Naval  militia 370 

officer  of  customs 405 

wlieii  may  1)6  abolished 431 

Navy  officer  on  oceau  mail  steamer 281 

to  act  as  consul 207 

inspect  provisions  and  water 95 

ration 371 

to  enforce  scaling  laws 237 

vessel  exempt  from  entry 169 

to  ai(l  vessels  in  distress 344 

Navigable  waters,  dumping  into 349 

obstructions  to 347 

Navigation,  Bureau  and  Commissioner  of 403 

laws 404 

liability  for  errors  in 102 

obstructions  to 347 

of  canals 354 

text-books 345 

Neat  cattle,  importation  of 299 

Neglect  of  duty  by  lisherman 66 

penalty  for  seaman's 81 

Neglect,  penalty  for  master's 52 

Negligence  of  engineer 53 

pilot 53 

Net  tonnage 25 

definition  of 28 

to  be  marked 28 

stated  in  register 28 

Neutrality 362 

New  Albany,  Ind.,  entry  of  imported  merchandise  at 178 

Newcastle,  Me.,  entry  of  vessels  belonging  to 179 

Newfoundland,  allotment  of  wages  prohibited  to 73 

shipment  of  seaman  to 63 

"New  York,"  act  adinitting 39 

New  York  and  Cuba  Mail  Steamship  Company,  mail  service  by 280 

New  York  Bay,  anchorage  grounds  in 361 

Harbor 356 

transportation  of  merchandise  from,  across  New  Jersey 181 

via,  for  British  provinces 195 

Nicaragua  canal 372 

Night,  definition  of 185 

discharge  o  f  merchandise  by 184 

permit  to  discharge  ou  merchandise  by,  on  Great  Lakes 215 

watchman 116 

Nitroglycerine  on  vessels 117 

prohibited  on  immigrant  vessels 129 

North  Atlantic  fisheries 370 

Northern  and  Northwestern  frontiers.     See  Great  Lakes. 

Northern  frontiers,  evasion  of  coasting  laws  on 208 

Northern,  northeastern,  and  northwestern  boundaries,  trade  with 208 

frontiers,  documents  of  vessels  for. .  16 
regulations  for  foreign  ves- 
sels on 212 

special   procedure  for  re- 
mission of  penalties  on.  292 
vessels  on,  exempt  in  cer- 
tain cases  from  tonnage 

taxes 169 

Northwest  Territory,  trade  with,  through  Alaska 234 

Number,  official 18 

of  licenses 43 

passengers 120 

on  immigrant  ships 124 

register 34 

O. 

Oath  of  agent  or  attorney  'ou  registry 32 

corporation  owning  vessel 35 

licensed  officer 53 


INDKX.  491 

I'ago. 

Oath  of  master  and  ownor 162 

ofciti/enship 31 

oil  eloarance 145 

or  owner  on  license  of  vessel 41 

owner  on  registry 30 

on  entry,  form  of 173 

Obstruction  by  ice  to  discbiirye  of  curt;!) 192 

of  channels 350 

to  customs  orticer 49 

navigation 347 

tc)  bo  marked 344 

Oceanic  Steamship  Company,  mail  compensation  of 282 

Ocean  mail  agents  on  Pacific  steamers 285 

service 279 

mails,  approi)riations  for  1899 282 

general  com))ensatitm  for '. 284 

provisions  concerning 282 

stipulations  in  contracts  for 284 

transportation  of,  in  foreign  vessels 285 

Offenses  against  the  registry  law 48 

registry  and  license  lav?s 49 

log  book,  entry  of,  in 81 

of  seaman 80 

entered  in  log  book 98 

State  laws  relating  to 1^84 

See  also  Penalty. 

OflScer,  citizenship  of 50 

definition  of 50 

failure  to  keep  night  watchman 116 

guilty  of  seduction 381 

investigation  of  incompetency  or  misconduct  of 122 

licensed,  pension  of 51 

license  of 51 

must  be  American  citizen 15 

oath  of  licensed 53 

of  American  vessels 15 

merchant  vessels - 50 

the  United  States  when  not  to  be  interested  in  vessels 409 

tugboat,  towing   boat,    freight   boat,   gas,  naphtha,  and   electric 

launches 106 

panalty  for  carrying  alien 138 

illegal  shipment  of  seaman 60 

maltreating  seaman 380 

visiting  immigrant  quarters 128 

Revenue-Cutter  Service 425 

shall  exhibit  license 51 

summary  trial  of 377 

Offices  of  shipping  commissioners 405 

Official  numbers 18,  403 

Ogdensburg,  N.  Y.,  tolls  on  passengers  and  freight  at 143 

Ohio  River,  lights  and  beacons  on 429 

rules  to  prevent  collisions  on 337 

See  Mississippi  River. 

Omaha,  Nebr.,  entry  of  imported  merchandise  at 178 

Open  vessel,  measurement  of 25 

Opium  trade 306 

Oregon,  special  procedure  for  remission  of  penalties  in 292 

Oriental  coolies 27(5 

prostitutes 277 

Origin,  country  of,  to  be  marked  on  merchandise 172 

Otter  trade 242 

Outward  manifest,  form  of 146 

Owner,  chang<?  of 35, 44 

definition  of 55 

duty  of,  concerning  sunken  vessel 350 

failure  to  carry  medicine  chest 98 

comply  with  in8pecti<m  requirements 107 

give  evidence  in  seaman's  case 75 

keep  night  watchman 116 

protect  against  cold  weather 98 


492  INDEX. 


Owner,  failure  to  ])rovide  sufficient  provisions  for  seamau 95 

report  sale 35 

form  of  oaths  on  entry 173 

liability  for  acts  of  public  enemy 102 

damage 100 

by  collision 100 

fire 100 

collision,  or  explosion 123 

danjiers  of  the  sea 102 

errors  in  navigation 102 

manning 102 

seaworthiness 102 

stowing  cargo 102 

wages 70 

license  of  vessel,  oath  of 41 

may  execute  general  libel  bond 103 

must  be  American  citizen 31 

or  corporation 15 

must  obtain  certified  copy  of  crew  list 62 

oath  of ■ 162 

on  entry 148 

registry 30 

of  American  vessels 15 

foreign-built  yachts 18 

seized  property 154 

yacht,  penalty  on 18 

or  consignee's  entry  of  merchandise 168 

penalty  for  dispatcl.ing  unseaworthy  vessel 92 

excess  of  passengers 119 

failure  to  deliver  register 38 

discharge  seaman  or  pay  wages  legally 67 

provide  sufficient  water  for  seaman 95 

return  seaman 62 

supply  life-saving  appliances 114 

slop  chest 98 

false  oath  on  registry 31 

neglecting  duty  concerning  deceased  seaman's  effects 77 

nonpayment  of  wages  by 70 

violating  New  York  and  Chicago  anchorage  laws 361 

Harbor  laws 357 

procedure  against,  for  violation  of  revenue  laws 157 

removal  of,  acting  as  master 54 

required  to  furnish  bill  of  lading 103 

shall  apply  for  inspection  of  hull 92 

share  of,  in  registry 31 

to  countersign  certificate  of  measurement 21 

deliver  outward  manifest 146 

indorse  agreement  with  fisherman 65 

report  marine  accident  or  disaster 286 

when  an  American  consul 31 

when  may  ship  seaman 57 

Ownership  of  alien  in  vessel  prohibited 31 


Pacific  ports,  trade  from,  to  Atlantic  ports  of  United  States  coasting  trade 432 

Pacific  to  Atlantic  trade,  discharge  of  seaman 66 

payment  of  seaman  in 70 

shipment  of  seaman 57 

Packages,  separate  from  cargo,  to  be  insjiected 153 

I'aducah,  Ky.,  entry  of  imported  merchandise  at 178 

Palatka,  Fla.,  entry  of  imported  merchandise  at 177 

Panama  canal 372 

mail  agency  at 285 

trade  across  Isthmus  of,  coasting  trade 432 

Papers  relating  to  crew 62 

' '  Paris,"  act  admitting 39 

Parkersburg,  W.  Va.,  entry  of  imported  merchandise  at 178 

Partial  carloads  for  immediate  transportation 197 


INDEX.                                  ■  i;>3 

Partial  delivery  of  caijjo 167 

discriminating  duties i;{7 

Partnershij),  bond  ol' lyy 

Passenger  acconunotlatinns  on  strain  vessels 92 

act  of  lf<82 124 

baggage  of.  ininieiliato  transportation  of 197 

in  transit 171 

barge,  inspection  of 93 

carriage  of II9 

death  of 130 

head  tax  on 253 

.lauding  of,  on  CJreat  Lakes 215 

list...." 130 

to  be  reported  to  tjeeretary  of  Treasury 130 

ticket,  tax  on " 101 

vessel,  manning  of  steam ]ii>< 

Passengers,  limit  of ll!i 

manifest  of 171 

number  of ' 120 

number  jicrmitted  on  immigrant  ships 121 

on  excursion  vessels 120 

safety  of,  at  regettas 343 

shall  not  bo  transported  by  foreign  vessel  lietween  American  ports.  224 

Passport ' 1 49,  150 

Pauper  immigration  prohil)ited 255,  2(il 

Penal  tonnage  taxes 137 

Penalty.     See  also  Fine  and  Forfeiture. 

Penalty,  absence  without  leave 80 

assaulting  officer 81 

assault,  resistance,  or  obstruction  of  customs  officer 49 

boarding  vessel 151 

carrying  alien  officer 138 

change  of  name 18,36 

consul,  for  failure  to  eoUt-ct  sciiman's  wages  67 

death  of  passenger 131 

defective  boiler  ])latc3 110 

desertion 80 

detaining  clothing 74 

disobedience  of  seaman 80 

dumping  in  channel 350 

engineer's  negligence,  incapacity,  intemperance,  etc 53 

enrolled  and  licensed  vessels  on  northern,  northeastern,  and  north- 
western frcmtiers 15 

failure  to  deliver  register 38 

exhibit  certifirate  of  steam  vessel 121 

enrollment  and  license 46 

officer's  license 52 

mark  name 19 

net  tonnage 28 

official  number 18 

obey  inland  collision  rules 319 

produce  bill  of  health 246 

provide  crew  accommodations  on  Mississipjji  Kiver  steam- 
boats    26 

medical  attendance  on  immigrant  ships 127 

report  change  of  master 'M],  45 

surrender  license 43 

register  or  enrollment 40 

temporary  register 32,  38 

take  out  register  on  change  of  build 36 

false  allotment  claims 73 

oath  of  agent  or  attorney  on  registry 33 

fisherman  for  neglect  of  duty 66 

foreign-built  yacht  owned,  chartered,  or  used  by  American 18 

foreign  consul  illegally  returning  register 150 

master  for  failure  to  comply  with  laws  in  coasting  voyage. ..  225 

dejtoHit  register 149 

vessel  transferring  cargo  or  ]iroceeding  inland  without  permit 

on  Great  Lakes  or  in  Alaska 212 


494  '  INDEX. 

Pago. 

Penalty,  fraudulent  documents 49 

general  power  to  remit 292 

goods  or  stores  in  crew  spaces 25 

illegal  landing  of  inunigrants 260 

shipment  of  seamen 57 

transportation  of  bonded  merchandise 193 

use  of  revenue-cutter  ensign 289 

improper  crew  spaces 25 

in  cases  of  summary  trial 378 

incurred  for  immaterial  errors  in  documents 163 

loading  safety  valve 112 

master  for  breaking  seals - 187 

carrying  explosives,  cattle,  etc.,  on  immigrant  vessels. . . .  129 

clearing  without  manifest 145 

departure  without  report 165 

failure  to  comply  with  laws  when  proceeding  from  district 

to  distrii  t  with  imported  cargo 168 

failure  to  deliver  list  of  innnigrauts 255 

manifest    in    foreign    trade    on    Great 

Lakes 209 

deposit  papers  with  consul 151 

exhibit  manifest  in  coasting  trade 223 

steamboat  laws 121 

keep  number  of  passengers 120 

list  passenger's  cleath 130 

mail  special  manifest 165 

make  agreement  in  coasting  trade 64 

entries  in  log  book 99 

obey  jiassenger  act  of  18f<2 125 

post  ship])iug  articles 59 

produce  crew  documents 63 

manifests  or  for  making  false  statement 

of  destination 176  . 

provide  provisions  on  immigrant  ships 127 

substitute GO 

report  arrival 164 

of  vessel  in  coasting  trade  at  port 

other  than  destination 224 

consular  services 150 

repairs  abroad  on  Great  Lakes 213 

secure  discipline,  cleanliness,  and  health  on  im- 
migrant ships 128 

stay  l>y  in  case  of  collision 307 

sign  seaman's  certiticate  of  discharge 67 

supply  closets  and  ventilation 126 

false  registry  oath 31 

report  of  sea  stores 170 

weight  or  measurement  of  provisions 97 

illegal  account  of  wages 67 

insufficient  water  and  provisions 95 

misconduct,  intemperance,  etc 52 

missing  or  broken  packages 153 

neglect  of  duty  to  seaman  when  vessel  sold  abroad 68 

obstructing  boarding  officers 153 

proceeding  to  port  of  delivery  before  entry 164 

refusing  to  accommodate  inspector 187 

cause  survey 93 

hear  complaint  of  provisions 96 

transport  destitute  seaman 76 

shipping  seaman  abroad  illegally 61 

transporting  alien  contract  immigrant 257 

unlading  merchandise  by  night 185 

without  customs  permission 184 

using  corporal  punishment 82 

violating  another  great  district  law 220 

great  district  law 219 

laws  concerning  transportation  of  bonded  mer- 
chandise    182 

on  Great  Lakes 215 


INDEX.  495 

l'aj;o. 

Penalty  for  master  and  owner  for  dispatching  nnscawortliy  vessel 92 

cxct'ss  of  ])as.seuf^er8 119 

i'ailuro  to  carry  modicino  chest 98 

comply    with   in8i>ectiou    re(iuire- 

ments 107 

protect  against  cold  weal licr 98 

provide    sutlicient    jirovisions    for 

seamen 95 

water  lor  sea- 
men    95 

rei)ort  marine  accident  or  disaster.  286 

sale 35 

retnrn  seaman 62 

false  oalh  on  license  or  enrollment   41 

neglectiufj^   dnty   concerning    deceased    sea- 
men's effects 77 

vi<dating  New  York  and  Chicago  anchorage 

grounds 361 

mate,  or  seaman  refusing  to  give  evidence 75 

oilicer  for  failure  to  keep  night  watch- 
man    1 16 

pilot,  or  engineer  for  dumping  in  channel 350 

or  seaman  for  drunkenness 82 

for  mate's  misconduct,  intemiierance,  incapacity,  etc 52 

neglect  of  duty 81 

obstructing  channels 350 

obstructions  to  navigation 348 

of  officer  not  licensed 51 

or  master  for  maltreating  seameu 380 

seaman,  or  other  person  for  visiting  immigrant  qnarlers  . .  .  128 

owner,  agent,  or  master  for  failure  to  furnish  bill  of  lading 103 

for  failure  to  supply  life-saving  appliances 114 

for  paying  advance  wages 72 

pilot's  negligence,  incapacity,  or  intemperance 53 

procedure  in 156 

quitting  vessel 80 

reducing  allowance  of  provisions 96 

retund  of,  within  one  year 292 

remission  of 291 

in  Alaska 234 

seaman  causing  unnecessary  survey 94,  95 

damaging  vessel  or  cargo 81 

deserting  fishing  vessel 65 

in  coasting  trade 65 

seaworthy  vessel 94 

failure  to  reuder  himself  on  board  in  coasting  trade 65 

smuggling 81 

unnecessary  complaint  against  provisions 96 

shipment  without  agreement 60 

special,  in  Alaska 235 

transferring  merchaudise  illegally  to  another  A'essel 184 

vessel  and  merchandise  for  evading  coasting  laws  on  (ireat  La Ues ....  209 

engaged  in  other  trade  than  that  for  which  licensed 226 

failure  to  deport  ]»rohibited  immigrants 261 

illegal  delivery  of  merchandise  on  front ier 211 

importing  diseased  cattle 297 

landing  merchandise  elsewhere  than  at  port  or  importing  mer- 
chandise if  less  than  30  tons 208 

violating  cattle-trade  laws 293 

Tiolating  alien  contract-labor  laws 257 

apprenticeship  law 58 

coasting  laws 225 

coolie-labor  law 276 

Great  Lakes  collisions  rules 337 

law  concerning  berths  on  immigrant  ships 125 

navigaticm  and  custom  laws  on  (Ueat  Lakes  ... 209 

passenuer  act  of  1882 131 

quarantine  laws 250 

registry  law 48 


496  INDEX. 

Page. 

Penalty,  violating  St.  Marys  River  rules 342 

steamboat  inspection  laws 123 

on  yachts 18 

Pension  of  liccnstd  officers  of  steam  vessels 51 

life-savmu;  crews 422 

Period  of  engagement  of  seaman 60-(U 

Perishable  ])roperty,  disposal  of  seized 155 

Perjury.     See  Oath  ;  Forfeiture;  Penalty. 

Permanent  register 32 

Permit,  discharge  of  cargo 186 

lading  of  export 166 

landing  baggage  and  tools  of  trade 172 

landing  sea  stores 170 

foreign  vessels  on  coasting  voyage 224 

to  proceed  inland  in  Alaska 212 

transfer  cargo  in  Alaska 212 

orproceedinlandonNorthernfrontier.  212 
special,  for  transportation  of  merchandise  from  New  York  or  Philadel- 
phia across  neighboring  States 181 

to  deliver  imported  merchandise 183 

discharge  cargo  by  night  on  Great  Lakes 215 

proceed  from  district  to  district 167 

unlade  by  night 184 

vessel  in  distress 192 

Petersburg,  Va. ,  special  clearance  of  vessel  from 181 

vessels  from  foreign  ports  bound  for 179 

Petroleum  as  fuel 118 

on  vessels 117 

Philadelphia,  transportation  of  foreign  merchandise  from,  across  New  Jersey, 

Delaware,  Maryland,  or  Virginia 181 

Philadelphia,  transportation  of  merchandise  to,  across  Delaware 181 

Philippines,  trade  with 230 

Pier  as  obstruction 347 

heads  on  the  Great  Lakes  to  be  marked 341 

Piers  of  bridges 352 

Pilot  boat,  exempt  from  law  concerning  crew  spaces 26 

Pilot,  citizenship  of -- 50 

coasting  steam  vessels  when  under  coutrol  of  licensed 134 

duty  of,  in  rivc^r  navigation 342 

exempt  from  draft  in  war 51 

laws 133 

license  of 53 

may  be  also  master  or  mate 53 

misconduct,  liability  for  damage  by 123 

must  answer  steamboat  inspection  inquiries 121 

be  American  citizen 15 

naturalization  of 51 

negligence,  incapacity,  intemperance  of 53 

oath  of  licensed 53 

of  ferryboat,  canal  boat,  and  yacht 106 

steam  launch 106 

penalty  for  dumping  in  channel 350 

failure  to  obey  inland  collision  rules 319 

qualifications  of 53 

renewal  of  license 1-2 

revocation  of  license 106 

when  guilty  of  manslaughter 380 

Piracy 3^6 

crimes  deemed 387 

Pittsburg,  Pa.,  entry  of  iiiii)orted  merchandise  at 178 

Place  of  registry 31 

trial  of  crimes 379 

Plundering  vessel 382 

Police  regulations  <  f  immigrant  stations 263 

Political  offenses  not  to  disqualify  immigrants 262 

Polygamists,  immigration  of,  prohibited 261 

Poris,  inspection  of  export 296 

Port,  definition  of 19,  31, 163 

home,  to  be  marked 19 


INDEX.  41)7 

I'ageu 

Port,  merchandise  ti>  be  landed  only  ;it 208 

of  delivery,  cargo  unladen  at KM 

vessel  bound  to Itil 

vessels  enrolled  and  licensed  at KI 

entry H>i 

foreign  vessel  may  unlade  only  at 1(14 

immediate  transportation 196 

yachts 18 

to  which  immediate  transportation  permitted 198 

warden,  report  on  vessels  in  distress 191 

Ports  at  which  bonded  warehouses  are  established 446 

merchandise  may  be  entered  for  transportation  to  otlnr  ports 

without  api)raisement 445 

for  bonded  goods  in  transit  to  Mexico 446 

of  delivery 439 

in  Colorado 446 

entry 439 

Port  Jefterson,  N.  Y.,  issue  of  documents  at 46 

merchandise  destined  for 180 

Portland,  Me.,  marine  hospital  not  to  be  s(dd 418 

transportation  of  merchandise  via  for  British  provinces 195 

I'ortland,  Oreg.,  arrival  of  vessel  at 180 

special  clearance  of  vessel  from 181 

Porto  Kico,  trade  with 229 

Post  entrj-  of  merchandise  for  export 167 

on  inward  manifest 190 

on  outward  manifest 145 

Postage,  usual,  on  mails  by  water 282 

Postal  subsidy  law  of  1891 279 

Potomac  River,  obstructions  to 355 

Precious  metals,  liability  for 100 

Preliminary  entry  of  vessel 183 

Pribilof  Islands 237 

Privacy  of  immigrant  passengers 128 

Private  secretary  not  regarded  as  alien  contract  immigrant 257 

Prize,  may  be  registered 15 

registry  of 30 

Procedure  against  owner,  master,  or  vessel  for  violation  reveuuo  hi ws 157 

for  nonpayment  of  wages 4 71 

for  violations  of  law  concerning  merchant  seaman 83 

in  fines,  penalties,  and  forfeitures 156 

in  remission  of  fines  and  penalties 291 

special,  for  Alaska 233 

under  revenue  laws 159 

Products,  discrimination  against  American 142 

importation  of  adulterated 301 

Professional  men  not  regarded  as  alien  contract  immigrants 258 

Professors  not  regarded  as  alien  contract  immigrants 258 

Prohibited  immigration 261 

Propelling  power,  deductions  for 27 

Prostitutes,  Asiatic 277 

immigration  of,  prohibited 263 

Protection  against  fire 115 

of  American  seaman 55 

Protest,  marine,  tax  on 402 

of  master  of  vessel  i  n  distress 191 

Provisions,  insufficient  lor  seaman 95 

on  immigrant  ships 127 

penalty  for  reducing  allowance 96 

of  seaman  for  unnecessary  complaint  against 96 

right  of  seaman  to,  begins 69 

scale  of 86 

in  Navy 371 

seaman's  redress  against,  abroad 68 

shall  be  accurately  weighed  and  measured 97 

Prussia,  tonnage  tax  on  vessels  of 1 37 

Pumps .^ 92,  1 14,  115 

Punishment  of  seaman 80,  383 

NAV  99,  PT  2 32 


498  INDEX. 

Q. 

f'age. 

Qualifications  of  engineer 53 

licensed  officer 50 

master 52 

mate 52 

pilot 53 

Quarantine  and  bills  of  health 246 

inspection 249 

laws,  discharge  of  cargo  under 251 

of  live  stock 297 

regulations 418 

reservations,  trespass  on 250 

Quitting  vessel 80 

Quincy,  111.,  entry  of  imported  merchandise  at 178 

R. 

Raft,  may  import  merchandise  on  northern  and  northwestern  boundaries 208 

tugs  towing  on  Great  Lakes  to  enter  and  clear 215 

use  of,  in  foreign  trade  on  Great  Lakes 209 

Railroad  company,  foreign,  owning  tugboat 225 

iron,  delivery  oi^ 165 

Rape 380 

Rates  of  tonnage  tax 135 

Rating,  loss  of,  by  engineer 53 

Rebellion,  vessels  sold,  foreign,  during 15 

Receipts,  liability  incurred  in  shipping 102 

Reciprocal  acceptance  of  certificate  of  measurement 29 

Canadian  wrecking  privileges 287 

cattle  export  privilege 294 

mail  privileges  with  Canada 284 

privileges  in  Alaska 234 

for  war  vessels 371 

stipulations  in  treaties 136 

trade  arrangements  with  British  North  America 216 

Reciprocity  in  tonnage  tax 135 

on  Canadian  canals 142 

Record  of  American-built  vessels  owned  by  aliens 46 

Red  D  Line,  mail  service  by 280 

Red  River  of  the  North,  boiler  shells  on Ill 

rules  to  prevent  collisions  on 337 

Red  River.     See  Mississippi  River. 

Reexport,  bond  of  merchandise  for 166 

Refund  of  customs  duties 199 

fine  within  one  year , 292 

tonnage  tax 139 

Refuse  not  to  be  thrown  into  navigable  waters 349 

Regattas,  special  rules  for 343 

Register,  appendix  to 28 

cancellation  of 38 

copies  transmitted  to  Commissioner  of  Navigation 34 

exchange  for  enrollment 148 

and  license 40 

form  of 33-34 

issue  of  on  sale  of  vessel 35 

loss  of 38 

master  to  deposit  with  consul 151 

not  issued  until  steam  vessel  inspected 105 

number  of 34 

of  American  seamen 56 

foreign  vessel  to  be  deposited  with  consul 149 

withheld  until  clearance  granted 149 

trade-marks 173 

vessels,  particulars  of 28 

penalty  for  fraudulent 49 

permanent 32 

shall  state  shares  of  owners 31 

surrender  and  custod v  of 34 

temporary ! 31,32,38 


INDEX.  499 

Pago. 

Register,  to  be  deposited  on  entry 149 

with  consul 206 

ri'tnrnt'd  at  cioarauco UK 

surrendered  on  sale H5 

to  corporations 35 

tonnage,  definition  of 28 

to  state  net  or  register  tonnage 28 

upon  change  of  build 36 

use  of 34 

Registered  vessel,  definition  of 15 

in  coasting  trade 223 

may  engage  in  coasting  trade  touching  at  foreign  ]><)rt8 216 

subject  to  pilotage 133 

Registry  by  agent 32 

attorney 32 

law,  offenses  against 48 

master's  oath  on 31 

measurement  preliminary  to 21 

not  reiiuired  of  vessels  on  Great  Lakes 16 

oath  of  owner  on 30 

of  certain  vessels  prohibited 15 

sold  foreign  and  resold 16 

of  prize 30 

of  vessel,  particulars  of 21 

under  forfeiture 31 

of  whaling  vessels 16 

of  wrecked  vessels 16 

penalty  for  false  oath  of  owner 31 

fraudulent 48 

place  of 31 

special  law  for 39 

Regulations  of  supervising  inspectors  of  steam  vessels 412 

Relatives  may  be  assisted  as  immigrants 2G1 

Remeasnrement 21,  29 

Remission  of  tines  and  penalties 291 

forfeiture 155 

penalties  in  Alaska 234 

for  violation  of  revenue  laws 159 

Removal  of  master 54 

obstructing  wrecks 353 

Renewal  of  officers'  licenses 122 

Repairs,  duties  on,  to  vessels  on  Great  Lakes 213 

materials  for,  exempt  from  duty 205 

Report,  form  of,  on  entry 164 

of  master  on  entry 164 

mortgage,  bill  of  sale,  or  conveyance 36 

wrecks  and  marine  accidents  .  .* j 286 

Resistance  to  customs  officer 49 

Retaliation 140 

Return  of  unlading  of  merchandise 190 

Revenue-Cutter  Service 289, 424 

to  assist  In  life  saving 420 

to  enforce  sealing  laws 237 

cutters  not  U>  be  used  for  i)rivato  purposes 290 

officers  of,  to  board  vessels 152 

to  aid  A-essels  in  distress 344 

to  cooperate  with  Navy 426 

to  enforce  quarantine  laws 2.">0 

St.  Marys  River  rules 312 

Revenue  laws,  procedure  against  owner,  master,  or  vessel  for  violation  of 157 

procedure  under l.o't 

Revised  Statutes,  table  of  sections  included  in  this  compilation 451 

Revocation  of  officer's  license 51 

Rewards  for  rescuing  shipwrecked  seamen 3(59 

Rhode  Island  coasting  trade  to  Long  Island 223 

Richmond,  Va.,  special  clearance  of  vessels  from 181 

vessels  from  foreign  ports  bound  for 179 

River  navigation,  rules  concerning 342 

Robbery 388 


500  INDEX. 

Pace. 

Robbery,  wben  deemed  piracy 387 

Round  trips,  shipment  of  seamen  for 60,  61 

Routes  of  immediate  transport  ation 191! 

bonded 193 

Rules  lor  regattas 343 

shipment  of  seamen  abroad 60 

shipping  articles 59 

of  1897  to  prevent  collisions  on  inland  waters 319 

the  road  at  sea .   307 

wages 69 

to  prevent  collisions 307 

on  the  Great  Lakes  and  St.  Lawrence  River 331 

on  Red  River  of  the  North  |and  rivers  emptying 
into  Gulf  of  Mexico 337 

S. 

Sable  trade 242 

Safety  valve 108,110,112 

Sailing  directions 345 

rules 315,325,335,341 

Sail,  deductions  for  storage  spaces 27 

Sailor.     See  Seaman. 

Sail  vessel,  deiinition  of 308,319,331,338 

inspection  of  hull 92 

licensed  officers  of 51 

qualifications  of  master  of 52 

Sale  of  vessel 35 

abroad 68 

in  Avriting 36 

to  alien 34,37 

Saloon  stores  of  vessel  on  Great  Lakes 213 

Salt,  delivery  of 165 

manifested  ''for  orders" 174 

time  for  unlading 188 

Salvage  of  merchandise - 199 

seaman's  right  in  not  to  be  forfeited 69 

Sandwich  Islands  (see  Hawaii) 227 

Scale  of  provisions 85 

School  ships 369 

Scurvy,  provisions  against 97 

Sea  letters 48,138,149,150 

Seal  fisheries 236 

fishery  agents 431 

Seals,  customs,  on  frontiers 210 

penalty  for  breaking  customs 187, 193,  211 

Seaman,  accommodations  for " 25 

advance  and  allotment  of  wages 72 

agreement  of,  in  foreign  trade 58 

on  whaling,  fishing,  and  Great  Lakes  vessels 59 

of,  in  coasting  trade 64 

arbitration  of  wages,  claims  or  discharge  before  shipping  commis- 
sioner          75 

certificate  of  discharge 67,  69,  87 

clothing  for 97,98 

of,  exempt  from  attachment 74 

consul's  reports  concerning 206 

contract  and  agreement  with 62 

definition  of 55,  87 

desertion  of,  abroad 74 

in  coasting  trade -        65 

destitiite  abroad 68 

discharge  abroad  certified  by  consul 62 

of,  by  master 67 

in  foreign  ports 67 

in  foreign  trade 66 

on  complaint  abroad 68 

from  unseaworthy  vessel 94 

duties  of 84 


INDEX.  501 

i'iige. 

Seaman,  duty  of  boarding  officer  conrerniug <j3 

ert'ects  of  deceased ^t\ 

eTigageiiicnt  and  discharge  of M 

engaged  in  mutiny -■ '^82 

entitled  to  protection  against  cold  weather !t8 

extortioi\  from ''•^ 

exempt  from  penalties  in  illegal  shipments 64 

failnre  of  master  to  return 62 

to  give  evidence - 75 

render  himself  on  board  in  coasting  trade 65 

foreign,  in  United  States 74 

vessels  maybe  admitted  to  marine  hospital SS 

illegal  shipment  of ^'7 

illness  of,  entered  in  log  book 98 

insane ^^ 

insufficient  provisions  and  water 95 

jurisdiction  over  American,  in  foreign  port 88 

foreign,  in  American  ports 88 

limit  of  debt 74 

list  of .    58 

may  be  shipped  for  any  definite  period 60,  61 

demand  inspection  of  seaworthiness  or  supplies 93,94 

recover  for  illegal  shipment 57 

select  shipping  commissioner  as  arbitrator 75 

naturalization  and  citizenship  of 55 

not  entitled  to  wages  when  neglecting  duty 70 

offenses  and  punishments  of 80 

of,  entered  in  log  book 98 

on  contract  mail  steamships  to  be  American  citizens 280 

papers  relating  to 62 

penalty  for  causing  unnecessary  survey 94,  95 

damaging  vessel  or  cargo 81 

deserting  seaworthy  vessel 94 

drunkenness  of 82 

smuggling - 81 

unnecessary  complaint  against  ])roAisions i>6 

visiting  immigrant  quarters 128 

period  of  engagement  of -  -  -  60,  61 

physical  description  of 84 

places  of  lost,  must  be  supplied 60 

procedure  for  violations  of  law  concerning 83 

proceedings  of,  for  nonpayment  of  wages 71 

punishment  of 383 

redress  against  provisions,  unseaworthiness,  cruelty  abroad 6S 

register  of 56 

report  of  conduct  and  (lualificationa  of 69 

return  of  destitute  from  foreign  ports  and  Alaska 76 

right  to  wages  and  jirovisions  begins 69 

partial  wages  abroad 71 

extra  wages  when  discharged  before  voyage  begins 70 

wages  on  wreck 70 

of,  when  vessel  sold  abroad r ("^ 

rules  for  shipment  abroad 61 

scale  of  food  for 86 

shall  not  forfeit  lien  for  wages 68 

shipment  in  coasting  trade 57 

of,  to  British  North  America,  West  Indies,  and  Mexico 57,  63 

from  Atlantic  to  Pacific  port  or  vice  versa 57 

in  foreign  ports 60 

for  round  trij^s 60,  61 

sick  and  disabled 87,  417 

sign  release  of  wages 69 

subject  to  jurisdiction  of  navy  officer  in  certain  cases 207 

summary  trial  of 377 

tobacco  for 97 

wages  abroad  payable  in  gold 72 

of  m  shipping  articles 58 

when  may  be  shiiiped  by  owner  or  master 57 

loses  right  to  wages  in  wreck 70 


502  INDEX. 

Page. 

Seaman,  when  to  be  paid  off 70 

witness  fees  for 90 

Search  of  vessel 152 

Sea  stores •. 170 

distilled  spirits  as 165 

exempt  from  customs  and  internal-revenue  tax 205 

manifest  of 174 

of  vessels  on  Great  Lakes 212 

Seaworthiness  of  vessels 92 

inspection  of,  at  domestic  ports 93 

in  foreign  ports 94 

owner's  liability  for 102 

Securities,  liability  for 100 

Seduction 381 

Seizure,  disposition  of 156 

exemption  of  vessels  common  carrier  from 156 

of  perishable  property  and  live  stock 155 

to  be  reported 155 

of  vessels  or  merchandise 153 

Selma,  Ala. ,  entry  of  imported  merchandise  at 177 

Servant,  shipment  of,  in  coasting  trade 64 

not  regarded  as  alien  contract  immigrant 257 

Services  of  licensed  officers  of  steam  vessels  in  war 51 

Shanghai,  mail  agency  at 285 

Shares  of  owners  in  vessels 31 

Sheath  knife  prohibited 82 

Sheep,  inspection  of,  for  export 294 

Shipbuilding,  instruction  in 370 

materials  exempt  from  duty 204 

Shipment  of  seaman,  for  round  trips 60,  61 

from  Atlantic  to  Pacific  ports,  or  vice  versa 57 

in  coasting  trade .57,  63 

in  foreign  ports 60 

illegal,  of 57,60 

rules  for,  abroad 61 

to  Canada,  British   North  America,    West  Indies,   and 

Mexico 57,63 

Shipper,  liability  of,  for  damage 100 

Shipping  articles.     See  Agreement. 

ShipiJing  articles 58 

form  of 83 

to  be  posted 59 

commissioner 56,  404 

arbitration  before 75 

duties  of,  concerning  deceased  seaman's  effects 78 

to  inspect  provisions  and  water 95 

officers 56 

war  taxes  on 398 

Ship's  company.     Ses  Crew. 

Shipwreck,  investigation  of 422 

Shipwrecked  seaman,  return  of,  from  Alaska 76 

Short  blast,  definition  of 318 

shipment  of  imported  merchandise 174, 190 

Sick  and  disabled  seaman 87 

Signal  letters 403 

of  yachts - 18 

Signals  in  distress 318,  329 

storm  and  weather 345 

Silks,  liability  for 100 

Silver,  liability  for 100 

Simulation  of  trade-marks 173 

Singers,  not  regarded  as  alien  contract  immigrants 257 

Size  of  ocean  mail  steamships 280 

Slave  trade 389 

Slop   chest 97 

Smallpox 249 

Smuggling,  definition  of 157 

penalty  for,  by  seaman 81 


INDEX.  503 

Solicitatiou  of  bribes  by  lliiitod  States  olliccr 201 

Solicitiug  lud<,'ers ^'> 

.Souu.l  signals'in  fog :<1«,  H23,  :«1,  MO 

Spates  exempt  from  measuremeut 26 

for  crew -5 

not  to  be  a(Uleil  to  gross  tounago 24 

Sp;iin,  tonnage  tax  on  vessels  of 137 

Spanish  vessels  in  distress 192 

privileges  of,  in  Philippines 230 

Special  inward  manifest  for  Treasnry  l)ei)artmeut Ida 

ports,  entry  of  merchandise  at 177 

jirovisions  for  enrollment  and  license 45 

registry  law 39 

Treasury  agents 430 

Speed  of  ocean  mail  steamships 280 

Spreekels  line,  compensation  of 282 

State  immigration  inspection  transferred  to  Federal  otlieers 256 

immigrant  tax  laws 277 

ins])ection  laws 1 17 

qtiarantiue  regulations 217, 250 

transfer  to  marine  hospital 419 

Stateroom  exempt  from  measurement  in  certain  cases 22 

Statistics  of  vessels 404 

Statutes,  table  of,  included  in  this  com])ilation 151 

Steamboat,  crew  accommodations  on  Mississippi 26 

laws,  exhibit  of 121 

inspectors,  duties  of 121 

inspection  service 412 

owned  by  alien  resident 16 

Steam  gauge,  inspection  of 108 

launch,  pilot  and  engineer  of 106 

passenger  vessel,  manning  of 108 

Steamship  companies,  not  to  solicit  immigration 258 

Steam  vessel,  definition  of 105,  308,  319,  331,  338 

inspection  certificate 120 

inspection  of 105 

outside  of  district 416 

must  be  inspected  before  documented 105 

penalty  for  failure  to  exhibit  certificate  of 121 

when  exempt  from  pilotage 133 

Steerage,  inspection  of  packages  in 153 

passengers,  manifest  of 174 

Steering  gear,  deductions  for 26 

rules 315,  325,  335,  341 

Stikine  Eiver  trade 224, 233 

Storm  and  weather  signals 345 

Stoves  to  be  secured 115 

Stowaways 60, 114 

Stowing  cargo,  owner's  liability  for 102 

St.  Clair  River.     See  Great  Lakes. 

St.  Georges  Bank,  survey  of 432 

St.  George  Island,  Alaska 234,243,244 

St.  Joseph,  Mo.,  entry  of  imported  merchandise  at 178 

St.  Lawrence  River.     See  Great  Lakes. 

St.  Lawrence  River,  rules  to  prevent  collisions  on 331 

transportation  under  treaty,  on 224 

St.  Louis,  Mo. ,  entry  of  imported  merchandise  at 178 

St.  Marys  Falls  Canal 142 

St.  Marys  River,  navigation  rules  for 342 

St.  Paul  Island,  Alaska 234,  243, 244 

St.  Thomas,  mail  agency  at 285 

Submarine  cables,  protection  of 395 

Subports  in  Alaska 416 

Florida ,. 446 

Washington 446 

power  to  establish,  in  Florida,  Alaska,  and  Washington 446 

(if  entrj'  and  delivery 439 

Sugar  in  another  great  district  trade 220-221 

in  great  district  trade 218,  219 


504  INDEX. 

Pagft 

Sugai-  manifested  "for  orders" 174 

time  foi' unlading 18^ 

Suiuinary  procedure  for  violation  of  revenue  laws 15H 

proceedings  in  application  for  remission  of  penalties 291 

trial  of  master,  ofticer,  or  seaman 377 

Sunday,  cargo  not  to  bo  discharged  on 186 

Sunken  merchandise  esemj^t  from  duty 205 

wreck 353 

Superintendent  of  Coast  and  Geodetic  Survey 433 

Supervising  Inspector-General  of  Steam  Vessels 412 

inspectors  of  steam  vessels 412 

special  agent 430 

Surgeon-General  of  the  Marine-Hospital  Service 247,  417 

Supervision  of  unlading  of  merchandise 186 

New  York  Harbor 360 

Supplies  for  vessels  exempt  from  duty  or  internal-revenue  tax 205 

of  vessels 92 

Surgeon  to  examine  immigrants  alnoad 254 

Surgeons  on  immigrant  ships 127 

Surrender  and  custody  of  register 34 

of  license 43 

of  temporary  register  32 

Survey  of  coasts 432 

seaworthiness 93 

Surveyor  of  customs 405 

may  enroll  and  and  license  vessels 46 

Suspension  of  officer's  license 51 

T. 

Tariff  provisions  relating  to  vessels 204 

Tax  on  immigrants  by  States 277 

tonnage 135 

Taxes,  special,  for  Alaska 233 

war,  on  shipping •- 398 

Tea  trade 303 

Temporary  register - 31,  32,  38 

Tide-water  channels 348 

Tiller  ropes 115 

Timber  in  channels 350 

Time  allowed  for  unlading 188 

Tobacco  for  seamen 97 

Tolls  on  Great  Lakes  canals 143 

Ton,  definition  of 22 

Tonnage  charges  by  consul - 138 

deck,  definition  of 21 

deductions  of 26 

for  crew  spaces 25 

definition  of 22 

register : 28 

details  of  stated  in  register 28 

exemptions 26 

how  ascertained 22 

net 25 

definition  of 28 

of  between-decks 24 

crew  spaces - -  -  -  -  25 

deck  houses 24 

ocean  mail  steamships 280 

1  onnage  tax 135,  403 

applied  to  Marine-Hospital  Service 87 

certain  vessels  exem[)t  from 136 

foreign  yachts,  when  exempt  from 18 

on  vessel  evading  coasting  laws  on  Great  Lakes 209 

on  vessels  on  northern,  northeastern,  and  northwestern  frontiers, 

when  exempt  from 169 

partial  discrimination  in 137 

refund  of 139 

Tools  of  trade  exempt  from  duty 171 


INDEX.  505 

Torpedoes H73 

Touch  and  trade,  itennission  to 1  IS 

]>rivik'gi's  of  Anioricau  vessels  to 141 

Tonchiiijj;  at  foreign  ports  during  coasting  voyage 216 

Towing  boat,  iuspcctiou  of 106 

men  on 119 

Towing  by  foreign  tugboats 224 

on  Great  Lakes 215 

lYade,  change  of 40 

marks  of  foreign  merchandis*- 172 

of  Mississippi  River 222 

with  Alaska 231 

contiguous  countries 20S 

(iuam 22!» 

Hawaii 227 

Porto  Rico 229 

the  rhilippines 230 

Transfer  ferries  e.Kemi)t  from  certain  inward  manifests 165 

of  cargo  ou  nortliern  frontii'r 212 

imported  merchandise  for  export I(i7 

sea  stores 171 

vessel,  cancellation  of  register  on 38 

Transit,  baggage  of  passengers  in 171 

in  bond  through  Alaska 234 

Transportation,  immediate 196 

in  bond 193 

ports   at   which   merchandise   may   be   entered  for,  without 

ajipraisement 445 

to  special  ports 194 

Transport,  Army  or  Navy 40 

ocean  mail  steamer,  as 281 

Transshipment  of  merchandise  for  immediate  exportation 224 

Ti'eaty,  favored-nation  clause  in 136 

foreign  vessels  not  assimilated  by 143 

reciprocal  stipulations  in 136 

rights  in  tonnage  taxes 135, 138 

Trial,  place  of,  of  crimes 379 

Tributaries  of  Mississippi.     See  Mississippi  River. 

Tug  boats,  foreign,  engaged  in  towing 225 

inspection  of 106 

on  Great  Lakes,  when  exempt  from  report  and  clearance 215 

owned  by  foreign  railroad  company 225 

Tubes  to  engine  room 115 

Turpentine  on  vessels 117 

Twenty  tons,  documents  of  vessels  under 17 

U. 

Undermanning 60 

Undocumented  vessel 17 

tugs  towing  on  Great  Lakes  to  enter  and  clear 215 

Unlading,  illegal,  of  vessel 184 

of  cargo  permitted  onlv  at  ])ort  of  delivery 164 

of  vessel ' 183 

See  also  Discharge. 

T^nlawful  removal  of  bonded  merchandise 193 

Unregistered  vessel,  report  of 138 

entry  of 149 

sea  letter  for 150 

Unseaworthiness,  seaman's  redre-ss  against,  abroad 68 

Unsea worthy  vessels 92 

Use  of  register 34 

V. 

Ventilation  on  immigrant  ship 125 

Vessel,  acconunodations  foi'  jiassengers 92 

alien  ownership  of,  prohii)ited 31 

American,  wrecked  abroad  to  be  reported 287 


506  INDEX. 

Page. 

Vessel,  anchorage  of,  in  channels 350' 

arrival  of,  must  be  reported  within  24  hours 164 

boarding  and  search  of 152 

bound  to  port  of  delivery 164 

built  for  foreign  account  not  to  engage  in  coasting  trade 204 

cancellation  of  register  of oH 

change  from  register  to  enrollment,  or  vice  versa 40 

of  owner 35 

or  master 44 

common  carrier,  exempt  from  seizure 156 

consular  tonnage  charges  on 138 

consuls'  services,  to 206 

customs  laws  relating  to  152 

definition  of 15,55,396 

delivery  of  cargo  in  several  districts 167 

destruction  of,  in  Alaska 235 

discriminations  against  American 140 

documents  of 30 

draft  of 20 

duties  on  repairs  abroad  to,  on  Great  Lakes 213 

enrolled  and  licensed 16 

enrollment  and  license  of,  at  ports  of  delivery 46 

outside  of  district 45 

entry  and  clearance  of 145 

of 164 

from  one  district  to  another  on  Great  Lakes 214 

on  Great  Lakes 209 

under  quarantine  laws 246 

exempt  from  certain  charges 169 

documents 17 

entry 169 

libel  for  wages  in  certain  cases 72 

measurement 29 

foreign,  on  coasting  voyages 224 

shall  not  engage  in  coasting  trade 224 

forfeited,  may  be  registered 15 

forfeiture  of  certain  foreign 143 

fishing  with  merchandise 148 

for  fixlse  oath  of  attorney  or  agent  on  registry 33 

false  oath  on  registry 31 

nonpayment  of  wages 71 

licensed  or  enrolled,  for  engaging  in  the  foreign  trade  . .  148 

form  of  license ^ 42 

general  libel  bond  for 103 

power  to  remit  penalties 292 

illegal  boarding  of 75 

unlading  of 184 

in  coasting  trade 225 

master  to  report  arrival  at  port  other  than  that  of 

destination 224 

distress,  aid  to 344 

may  be  unladen 192 

report  of 191 

foreign  trade  with  distilled  spirits 164 

in  sealing  trade 236 

inspection  of,  engaged  in  export  cattle  trade 298 

enrollment  and  license 46 

hull 92 

seaworthiness  at  domestic  ports 93 

in  foreign  port 94 

steam 105 

inspector  of  customs  to  be  placed  on  board 176 

in  tow  on  Great  Lakes 215 

law  concerning  mails  before  clearance 282 

licensed  officers  of 51 

license  of  mate 52 

lien  upon,  for  wages 68 

list  of 403- 

loss  of  register 38 


INDEX.  507 

ruga 

Vessel,  maun  in  <j  of  steam  passenger 108 

mariim  clisaster  to,  to  bo  reported -86 

master's  oath  on  rcfjistry 31 

materials  for,  exempt  from  duty 2()4 

repairs  of,  exempt  IVom  duty 205 

may  depart  for  interior  distriet It>"> 

enter  at  port  whence  eleared Kit 

where  owned 164 

proceed  under  Imilder'acertilicate 30 

measurement  of,  open 25 

merchandise  not  to  be  transferred  from,  to  another 184 

method  of  forfeiture 226 

mortgage  and  bill  of  sale  of 36 

name  of 19 

not  of  the  United  States  coasting  tonnages  taxes  on 137 

Jiscriminatiug  duties  on 143 

entry  of 149 

tonnage  taxes  on 137 

to  clear  unless  export  meat  inspected 294 

without  cattle  certificate 2Sl3 

depart  from  port  of  arrival  until  reported 165 

unlade  without  customs  permission 184 

oath  of  master  and  owner  of  license  of 41 

owner  on  entry 148 

of  any  size  may  import  merchandise  on  Northern  and  Northwestern 

boundaries 208 

officer  of 50 

American 15 

official  number  of 18 

of  nation  not  assimilated  by  treaty  to  American  vessels 143 

of  the  United  States,  owners  of 15 

qualifications  of 15 

owned  by  corporations : 35 

passenger  head  tax  lien  on 253 

passports,  sea  letters,  etc.,  of 150 

penalties,  not  licensed 226 

penalty  for  carrying  alien  officer 138 

evading  coasting  laws  on  Great  Lakes 209 

failure  to  comply  with  inspection  requirements 107 

deliver  register 38 

deport  prohibited  immigrants 261 

obey  inland  collision  rules 319 

report  sale  of 35 

fraudulent  documents 48 

illegal  shipment  of  seaman  on 60 

transportation  of  firearms  or  liipior  to  Alaska 231 

delivery  of  merchandise  on  frontier 211 

import  of  diseased  cattle 297 

landing  merchandise  except  at  port 208 

shipping  seaman  abroad 61 

violating  cattle-trade  laws 293 

coolie-labor  law 275 

liiws  on  (Jreat  Lakes 215 

passenger  act  of  1882 132 

St.  Mary's  river  rules 312 

penalty  of,  engaged  in  fisheries 225 

foreign  transferring  cargo  or  proceeding   inland  without 

permit  on  Great  Lakes  or  in  Alaska 212 

without  manifest  on  Great  Lakes  209 

permit  to  discharge  cargo  by  night 184 

place  of  registry 31 

plundering  of 382 

preliminary  entry  of 183 

privileges  of  Spanish  in  Philippines 230 

procedure  against,  for  violation  of  revenue  laws   157 

in  cases  of  seizure 375 

prohibition  of  registry  to  certain 15 

provisions  for  safety  to  life 92 

qualifications  of  master  of 52 


508  INDEX. 

Page. 

Vessel,  quarantine  inspection  of 249 

regulations  of 248 

reciprocal  privileges  for,  with  British  North  America 216 

registered,  may  engage  in  coasting  trade 216 

registry  by  agent  or  attorney 32 

of,  under  forfeiture 31 

regulation  of,  carrying  cattle  in  domestic  trade , 298 

remission  of  penalties  on 291 

report  of,  on  arrival  in  district  other  than  that  of  entry 167 

sale  by  master 35 

sale  of,  abroad 68 

to  alien 34,  37 

sea  and  saloon  stores  of,  on  Great  Lakes 213 

sea  stores  and  equipment  of,  Avhen  exempt  from  duty 170, 171 

on  Great  Lakes 212 

sea-worthiness  and  supplies  of 92 

seized  to  be  reported  to  United  States  attorney 154 

seizure  of 153 

in  Alaska 235 

shall  carry  weights  and  measures 97 

shipment  of  seamen  for 58 

special  taxes  on,  in  Alaska 233 

statistics  concerning 404 

subject  to  jurisdiction  of  navy  oSicer  in  certain  cases 207 

tariff  provisions  relating  to 204 

to  be  entered  only  at  port  of  entry 164 

licensed  for  wrecking  purposes  in  Florida 288 

registered  anew  on  change  of  build 36 

to  bring  to,  for  revenue  cutters 290 

land  merchandise  only  at  port 208 

l)ay  expenses  of  maintenance  and  deportation  of  prohibited  immi- 
grants    261 

post  immigration  laws 263 

stay  by  in  case  of  collision 307 

transportation  coastwise  of  imported  merchandise 216 

under  5  tons  exempt  from  documents 17 

30  tons,  penalty  for  importing  merchandise 208 

20  tons  in  coasting  trade 222 

license  of 17 

undocumented 17 

violating  neutrality  laws 362 

war  taxes  on 398 

whaling 16 

when  obstructed  by  ice  may  discharge  at  different  port 192 

when  officer  of  the  United  States  can  not  be  interested  in 409 

with  cargo  for  different  port  of  destination 182 

reexport 166 

in  bulk 165 

coal,  salt,  railroad  iron,  and  cargo  in  bulk  may  proceed  to  special 

places 165 

domestic  cargo  in  coasting  tra  de : . .  222 

sealed  cargo  may  proceed  inLand  on  frontier 210 

wrecked  in  Florida  waters 288 

Vicksburg,  Miss.,  vessels  from  foreign  ports  bound  for 179 

Vinegar 97 

Visible,  definition  of 308,319,332 

Vitriol,  liability  for 101 

Volunteer  life-saving  crews 421 

Voyage,  duration  of,  to  be  in  shipping  articles 58 

W. 

Wages,  allotment  of 72 

arbitration  of,  before  shipping  commissioner 75 

certain  vessels  may  not  be  libeled  for 72 

consul's  liability  for  seaman's,  abroad 67 

deductions  from,  entered  in  log  book 67 

exempt  from  attachment 74 

extra,  to  seaman  on  unseaworthy  vessel 94 


INDEX.  509 

i'ugo. 

Wages,  extra,  upon  discharjiio  abioad 67 

forfeiture  for  deserting  seaworthy  vessel 94 

desertion 81 

general  provisions ("8 

master  must  deliver  account  of,  to  eeamaii 67 

not  dependent  on  earning  of  freight 70 

not  to  be  forfeiteil  on  loss  of  ship 60 

of  deceased  seaman 77 

seaman  must  bo  stated  in  shipping  articles 58 

payment  of,  before  discharge  abroad 67 

penalty  for  nonpayment  by  master  and  owner 70 

procedure  in  suits  for 72 

proceedings  in  forfeiture  of  or  deductions  from 72 

recovery  of  deceased  seaman's 77 

regulation  of  allotment  of 73 

right  of  seaman  to,  begins 69 

rules  for  settlement 69 

seaman  must  bo  ])aid  abroad  in  gold 72 

not  entitled  to,  when  neglecting  duty 70 

seaman's  loss  of,  by  neglect  in  wreck 70 

right  to  extra,  when  discharged  before  voyage  begins 70 

on  wreck 70 

partial  payment  abroad 71 

statement  of,  must  be  entered  in  log  book 99 

time  of  payment 70 

to  be  paid  before  consul  returns  register 206 

shipping  commissioner 66 

.See  also  Allotment. 

War  documents 150 

exemptions  from  draft  in 51 

materials,  export  of 373 

taxes,  certain,  not  applicable  to  trade  with  Britisli  North  America 402 

on  shipping 398 

vessel,  exempt  from  entry 169 

special  privileges  for  foreign 371 

Warden,  report  on  vessels  in  distress  by  port 191 

Warehouses,  bonded 161 

ports  at  which  bonded,  are  established 446 

special  taxes  on,  in  Alaska 233 

Wares.     *See  Merchandise. 

Warnings  of  storm 346 

Washington,  subports  in 446 

Watch  olficer,  citizenship  of 50 

qualifications  of 52 

Water  ballast,  measurement  of  spaces  for 25 

barrels 116 

insufficient,  for  seaman 95 

Weather  signals 345 

Wearing  apparel  exempt  from  duty 171 

Weighing  imported  merchandise 188 

Weights,  accurate,  shall  be  carried 97 

West  Indies,  allotment  of  wages  prohibited  to 73 

shipment  of  seaman  to 57,  63 

Whale  fisheries,  license  for 42 

Whaling  vessel 16 

agreement  of  seaman  on 5ii 

crew  list  of 61 

exempt  from  tonnage  tax 13l  i 

Wharf  as  obstruction 347 

Wharves,  special  taxes  on,  in  Alaska 233 

Wheeling,  W.  Va.,  entry  of  imported  merchandise  at 178 

Wilmington,  N.  C,  document  of  vessels  at 46 

Wines.     See  Distilled  spirits. 

Wire  tiller  ropes 1 15 

Witness  fees  of  seaman 90 

Wool,  manifested  "  for  orders  " 174 

time  for  unlading 188 

Workmen,  skilliMl  in  new  industries,  not  regarded  as  alien  contract  immigrants.  257 

Wrecking  of  vessels  in  Florida  waters 288 


510  INDEX. 

Page. 

Wrecking  with  fraudulent  intent 381 

Wrecked  vessel  may  be  registered  or  enrolled 16 

Wreck  in  Florida  ^vaters 288 

in  foreign  waters  to  be  reported 287 

on  Great  Lakes 287 

removal  of,  as  obstruction 353 

report  of 286 

seaman's  right  to  wages  on 70 

when  seaman  loses  right  to  wages 70 

Wrecks  in  channels 350 

to  be  marked 344 

Y. 

Yacht 17 

engineer  and  pilot  of 106 

exempt  from  law  concerning  crew  spaces 26 

foreign-built,  owned  by  Americans 18 

privileges  of 18 

inspection  of  hull  and  boiler 106 

must  not  engage  in  trade 18 

privileges  of 17 

safety  of,  at  regattas 343 

Yellow  fever 248,249 

Y'okohama,  mail  agency  at 285 

Yukon  Ki  ver  trade 233 

transportation  under  treaty  on 224 


UC  SOUTHf  RN  Rl  (-.IDNAI  I  IBRftRY  \  ACILITY 


AA    001  007  228     8 


UNIVERSITY  ^^  taLIFORNIa 

LOS  Ai;C.i:iLBS 
UBRARY 


